01005691
Case File No. 002/19-09-2007/ECCC/TC
E313
2.4.4. Facilities and Time Available for the Preparation of a Defence
44.
The Accused raise a number of issues related to the time and facilities available
for preparation of a defence including belated translations into their working
languages, equality of arms between the Co-Prosecutors and the Defence, and the
period between notification of the charges and deadlines for proposing evidence.118
Each of these issues has already been addressed by the Chamber and relief has been
provided where it was in the interests of justice (for example, the provision of
interpreters and adjustment of relevant procedures). Considering in particular the
lengthy judicial investigation, the Chamber re-affirms that the Accused had
proportional and adequate time and facilities for the preparation of a defence
throughout the proceedings.119 The parties also had procedural equality in presenting
their case and the Accused have failed to substantiate any violation of the principle of
equality of arms.120 The Accused allege no new facts or circumstances arising since
prior decisions concerning the time and facilities available for preparation of a
defence and what amounts to requests for reconsideration of these prior decisions by
the Accused are therefore inadmissible.
118
Some of these issues were revisited by the Defence at the close of the hearing (NUON Chea’s
Closing Submissions in Case 002/01, E295/6/3, 26 September 2013, paras 63-67, 87-88 (concerning
the allegedly ultra vires procedure for filing initial lists of evidence); T. 31 October 2013 (NUON
Chea), pp. 3, 29-30 (equality of arms); Urgent Request by the Defence Team of Mr. KHIEU Samphan
for an Immediate Stay or Proceedings, E275/2/1/1, 1 August 2013, paras 76, 93-94 (concerning
translations of evidence and filings)).
119
See e.g. Order to File Material in Preparation for Trial (TC), E9, 17 January 2011; Notification of
the Trial Chamber’s Disposition of Request for Extension of Deadlines (E9/6) (TC), E9/6/1, 14
February 2011; Decision on Requests for Extension of Time to File Lists of Documents and Exhibits,
E9/16/4, 29 March 2011; Response to IENG Sary Defence Request for Access to Strictly Confidential
Documents on the Case File (E118) (TC), E118/4, 28 November 2011; Reclassification of Additional
Documents on the Case File, E118/5 (TC), 12 January 2012; Notification of Strictly Confidential
Documents related to the Health of the Accused (TC), E118/6, 19 January 2012; Reclassification of
Additional Documents on the Case File (TC), E118/7, 30 August 2013; Decision on NUON Chea’s
Preliminary Objection alleging the Unconstitutional Character of the ECCC Internal Rules, E51/14, 8
August 2011; Decision Concerning New Documents and Other Related Issues, E190, 30 April 2012;
Decision on KHIEU Samphan Request for Declaration of Inadmissibility of the Co-Prosecutors’
Closing Brief (E295/7), E295/7/2, 14 October 2013, para. 6.
120
Decision on Objections to the Admissibility of Witness, Victim and Civil Party Statements and
Case 001 Transcripts Proposed by the Co-Prosecutors and Civil Party Lead Co-Lawyers, E299, 15
August 2013, para. 21 (“the role the Co-Prosecutors played in the Preliminary Investigation and other
case does not impact the equality of arms so long as all parties have procedural equality in presenting
their case”).
Case 002/01, Judgement, 7 August 2014 - Public
24
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