01005687
Case File No. 002/19-09-2007/ECCC/TC
E313
errors in translation and transcription and request their correction.102 Where relevant,
the Chamber took these errors into account in assessing probative value.
2.3.5.4.
39.
Classified Information
At the conclusion of closing submissions, 5,102 documents and other materials
put before the Chamber pursuant to Internal Rule 87(3) remained ‘confidential’. The
vast majority of this material retains the classification automatically assigned during
the judicial investigation. Reclassification of material generated by, and collected
during, the judicial investigation no longer poses a generalised risk of prejudice to the
rights of the parties or the integrity of the investigation. 103 Nevertheless, certain
justifications for non-disclosure continue to be valid.104 Thus, in reaching its
judgement and publicly relying upon and/or referring to classified information, the
Chamber considers whether, beyond the confidentiality of the judicial investigation,
any justification for such classification exists.105 The Chamber, on its own motion,
determined that confidentiality is no longer justified for that information publicly
disclosed in this judgement.106
102
See e.g. Decision on KHIEU Samphan’s Request for Revision of Translations of Evidence on the
Case-File concerning “870” (E296), E296/1, 15 August 2013; Decision on KHIEU Samphan’s Appeal
against Order on Translation Rights and Obligations of the Parties (PTC), A190/I/20, 20 February
2009, paras 46-49; KHIEU Samphan Defence Motion E195 and Envisaged Future Procedures for
Correction of Transcripts (TC), E195/1, 24 July 2012; Memorandum from Chief of Court Management
Section to the President of the Trial Chamber, E195/2, 15 August 2012, para. 4; Review of Translation
of Written Records of Witness Interview in Case File 002 (ITU), No. 3, 26 January 2011, p. 3;
Decision on Defence Notification of Errors in Translations (PTC), No. 2, 17 December 2010, para. 11.
103
Case 001, Decision on Guidelines for Reclassification of Documents on the Case File (SCC), 26
July 2012, para. 6.
104
Classification and Management of Case-Related Information, Practice Direction,
ECCC/004/2009/Rev.1, 7 March 2012, Articles 5-7.
105
In this regard, the Chamber is mindful of its obligation to deliver its judgement in public including
the essential findings, evidence and legal reasoning (Internal Rules 102(1), 79(6)(d); ICCPR, Article
14(1); General Comment No. 32: Right to Equality before Courts and Tribunals and to a Fair Trial,
Human Rights Committee, CCPR/C/GC/32, 23 August 2007, para. 29).
106
Insofar as the Chamber reclassified particular portions of a document in this judgement, the
Chamber clarifies that this partial disclosure does not affect the classification pertaining to those
undisclosed portions of, and information in, a document or other material as a whole.
Case 002/01, Judgement, 7 August 2014 - Public
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