01005679 Case File No. 002/19-09-2007/ECCC/TC E313 2.3.3. The Case File 23. The Trial Chamber was seised with the Case File following resolution of all appeals against the Closing Order on 13 January 2011.54 Material on the Case File, but not ultimately put before the Chamber pursuant to Internal Rule 87, is not relied upon by the Chamber in considering the Accused’s guilt. 55 Once notified of the charges, a Charged Person and after an indictment, an Accused, has on-going access to the Case File throughout the proceedings.56 Thus NUON Chea has had access to the Case File since 19 September 2007 and KHIEU Samphan since 19 November 2007.57 2.3.4. Admissibility of Evidence 2.3.4.1. 24. Legal Framework Unless provided otherwise, all evidence is admissible58 and, subject to the criteria set out in Internal Rules 87(3)-(4), the parties may propose the admission of any evidence at any stage of the trial.59 The Chamber has broad discretion in determining the witnesses to be heard and the evidence to be admitted.60 25. All evidence must be summarised, read out or otherwise appropriately identified.61 Prior to the commencement of the trial, the Chamber may order all 54 Order to File Material in Preparation for Trial (TC), E9, 17 January 2011, p.1; See also, Decision on IENG Thirith and NUON Chea's Appeal against the Closing Order (PTC), D427/2/12, 13 January 2011, p. 6; Decision on KHIEU Samphan’s Appeal against the Closing Order (PTC), D427/4/14, 13 January 2011, p. 4; Decision on IENG Sary’s Appeal against the Closing Order (PTC), D427/1/26, 13 January 2011, pp. 4-5. 55 KAING Guek Eav Trial Judgement, para. 38. 56 Internal Rules 9(5)-(6), 10(4), 55(6), 55(11), 86; See also, Decision on Defence Requests Concerning Irregularities Alleged to Have Occurred during the Judicial Investigation (E221, E223, E224, E224/2, E234, E234/2, E241 and E241/1), E251, 7 December 2012, para. 18. 57 Written Record of Initial Appearance of NUON Chea (OCIJ), D20, 19 September 2007; Written Record Initial Appearance of KHIEU Samphan (OCIJ), D42, 19 November 2007. 58 Internal Rule 87(1). 59 Decision Concerning New Documents and Other Related Issues, E190, 30 April 2012, para.21; NUON Chea Defence Notice to the Trial Chamber Regarding Research at DC-Cam (E211) (TC), E211/2, 13 August 2012, para. 4; Case 001, Decision on Parties Requests to Put Certain Materials before the Chamber pursuant to Internal Rule 87(2), E176, 28 October 2009, para. 13. 60 Decision Concerning New Documents and Other Related Issues, E190, 30 April 2012, para. 20; Decision on Co-Prosecutors’ Rule 92 Submission Regarding the Admission of Witness Statements and Other Documents before the Trial Chamber, E96/7, 20 June 2012, paras 18-20; Decision on Defence Requests Concerning Irregularities Alleged to Have Occurred During the Judicial Investigation (E221, E223, E224, E224/2, E234, E234/2, E241 and E241/1), E251, 7 December 2012, para. 25. 61 Internal Rule 87(3). Case 002/01, Judgement, 7 August 2014 - Public 12

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