01005682
Case File No. 002/19-09-2007/ECCC/TC
E313
2.3.4.2.2.
30.
Evidence of Civil Parties, Witnesses and Experts
By virtue of their special status, Civil Parties were not required to take an
oath.80 Witnesses were informed of their right not to self-incriminate and, upon
request, were assisted by counsel.81 Expert opinion was also heard by the Chamber on
specific technical issues, to assist it in understanding evidence presented during trial.82
31.
The Chamber admitted written witness, expert and Civil Party statements and
transcripts from prior proceedings in conjunction with or in place of oral evidence.
Prior statements of witnesses, experts and Civil Parties heard at trial were admitted
before the Chamber.83 Beginning in June 2012, in the interests of expeditiousness, the
President began asking witnesses and Civil Parties appearing in court to affirm the
accuracy of their prior statements made to the Office of the Co-Investigating Judges,
and as reflected in the written records of interview. Upon affirmation, while noting
that the parties have the right to test a witness’s credibility on areas within or beyond
his prior statements, the Chamber invited the parties to ask further questions only
where there was a need for clarification relevant to matters that are insufficiently
covered by these statements or not dealt with during questioning before the CoInvestigating Judges.84 Absent the opportunity for examination, the Chamber
excluded statements going to proof of the acts and conduct of the Accused as alleged
in the Closing Order. Exceptionally, the Chamber admitted statements going to proof
of the Accused’s acts and conduct as charged where the witness was deceased,
thereby preventing the opportunity for confrontation. For example, TCW-699 died
before the close of the hearing, preventing the Chamber from hearing him. Instead,
80
Internal Rule 23(4); KAING Guek Eav Trial Judgement, para. 52; T. 5 April 2011, p. 100; Trial
Chamber Response to Motions E67, E57, E56, E58, E23, E59, E20, E33, E71 and E73 following Trial
Management Meeting of 5 April 2011 (TC), E74, 8 April 2011, p. 1.
81
All witnesses, however, testified under oath unless exempt by virtue of their age or special
relationship with an Accused or Civil Party.
82
Internal Rules 31, 80bis(2).
83
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 2, 26.
84
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, para. 31; Notice to the Parties
Regarding Revised Modalities of Questioning and Response to Co-Prosecutor’s Request for
Clarification Regarding Use of Documents during Witness Testimony (E201) (TC), E201/2, 12 June
2012, para. 1; Scheduling of Trial Management Meeting to enable planning of the remaining trial
phases in Case 002/01 and implementation of further measures designed to promote trial efficiency
(TC), E218, 3 August 2012, para. 7 (in the interests of accessibility, the Chamber occasionally
summarised these statements in court).
Case 002/01, Judgement, 7 August 2014 - Public
15
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