01005678 Case File No. 002/19-09-2007/ECCC/TC E313 2.3. Evidentiary and Procedural Principles 2.3.1. Introduction 21. The 2007 Cambodian Code of Criminal Procedure governs proceedings before the ECCC. Guidance may also be drawn from international law in situations where existing procedures do not deal with a particular matter, there is uncertainty regarding their interpretation or application, or where they may be inconsistent with international standards.47 The Internal Rules consolidate the Cambodian procedures applicable before the ECCC and adopt international procedure in order to ensure justice, fairness and due process of law.48 Within this framework, the Chamber must “ensure that trials are fair and expeditious [...] with full respect for the rights of the accused and for the protection of victims and witnesses”.49 2.3.2. Burden and Standard of Proof 22. The Accused are presumed innocent until proven guilty.50 The Co-Prosecutors bear the burden of proof.51 In order to convict, the Chamber must be convinced of an accused’s guilt “beyond reasonable doubt”.52 In order to resolve any discrepancy between the different language versions of Internal Rule 87(1) that reflect the common law “beyond reasonable doubt” standard and the civil law concept of “intime conviction”, the Chamber has adopted a common approach that evaluates the sufficiency of the evidence. Upon a reasoned assessment of the evidence, the Chamber interprets any doubt as to guilt in the Accused’s favour.53 Closing Order (PTC), D427/1/30, 11 April 2011, paras 253, 257, 263, 331-332, 355, 460; KAING Guek Eav Appeal Judgement, paras 96, 160-162, 211-212, 280; KAING Guek Eav Judgement, paras 31-32). 47 ECCC Law, Articles 20 new, 23 new, 33 new; ECCC Agreement, Article 12(1); Internal Rule 2. 48 ECCC Agreement, Article 12(2); Internal Rules, Preamble; KAING Guek Eav Judgement, para. 35. 49 ECCC Law, Article 33 new. An accused is guaranteed certain fundamental rights during the trial phase of proceedings (see ECCC Agreement, Article 13(1) (referring to ICCPR, Articles 14 and 15); ECCC Law, Articles 34 new, 35 new). 50 Internal Rule 21(1)(d). 51 Internal Rule 87(1). 52 Internal Rule 87(1). 53 The English and Khmer versions of Internal Rule 87(1) provide a “beyond reasonable doubt” standard, while “intime conviction” is provided in the French version (KAING Guek Eav Judgement, para. 45). Case 002/01, Judgement, 7 August 2014 - Public 11