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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