01200828 E350/8 Chamber reaffirmed that "certain evidence admitted for a limited purpose, such as proof that a statement was obtained through torture, may be relied upon only for that limited purpose and not as to the truth of the statement. ,,66 4. APPLICABLE LAW 22. Article 38 of the Cambodian Constitution provides that "Confessions obtained by physical or mental coercion shall not be admissible as evidence of guilt.,,67 Further, Article 321 of the Cambodian Code of Criminal Procedure (CCCP) provides that a "Declaration given under physical or mental coercion shall have no evidentiary value.,,68 23. The Chamber notes that the Khmer word "mfU~fiU~" contained in Article 38 of the Constitution and Article 321 of the CCCP has been variously translated in unofficial English and French translations respectively as "force", "duress", "coercion" and "pression", "coercition", "contrainte".69 Each of these words generally reflects the declarant's lack of free will in giving the statement. However, mfU~fiU~, which the Chamber considers is best translated in this context as "coercion", is neither defined nor criminalised as such in Cambodian law. While torture is criminalised under Cambodian law, the term is not defined and the Code of Criminal Procedure makes no specific reference to it. 70 24. Pursuant to the ECCC legal framework, where Cambodian procedural law does not deal with a particular matter, or where there is a question regarding the consistency of such a rule with international standards, guidance may be sought in procedural rules established at the international level. 71 The Chamber therefore has reference to relevant international procedures 66 NUON Chea and KHIEU Samphan, Case 002/19-09-2007IECCC/TC, Case 002/01 Judgement, E313, 7 August 2014 ("Case 002/01 Judgement"), para. 35. 67 Constitution of the Kingdom of Cambodia, Article 38, internal translation; The Chamber notes that no provision of the Internal Rules expressly addresses evidence obtained by torture or coercion. 68 Cambodian Code of Criminal Procedure, Article 321, internal translation; Article 321 provides generally that all evidence is admissible unless provided otherwise by law. 69 See Constitution of the Kingdom of Cambodia, unofficial translation supervised by the Constitutional Council, March 2010, Article 38; Constitution of the Kingdom of Cambodia, unofficial translation available at: http://faolex.fao.org/docs/pdf/camI17198.pdf; Cambodian Code of Criminal Procedure, Khmer-English Translation, 1st ed. (2008). 70 See Cambodian Criminal Code (2009), Article 188 (listing torture as a crime against humanity), Article 193 (listing torture as a war crime), Article 210 (criminalising torture as an offence and as an aggravating circumstance of other crimes e.g. murder, rape). 71 Agreement between the United Nations and the Royal Government of Cambodia concerning the Prosecution under Cambodian Law Of Crimes Committed during the Period of Democratic Kampuchea, 6 June 2003 ("ECCC Agreement"), Article 12(1); Law on the Establishment of Extraordinary Chambers in the Courts of Decision on Evidence Obtained through Torture, Public, 5 February 2016 10