01005680 Case File No. 002/19-09-2007/ECCC/TC E313 parties to file initial lists identifying, briefly describing and indicating the relevance of all proposed evidence.62 All proposed evidence not available at the time the Chamber is seised with the case is considered “new” evidence subject to the requirements of Internal Rule 87(4). Parties must demonstrate that new evidence was not available prior to the opening of the trial and/or could not have been discovered earlier with the exercise of reasonable diligence.63 Before placing new material on the Case File, the Chamber must determine if it is conducive to ascertaining the truth.64 26. The Chamber may reject any material that is irrelevant or repetitious, impossible to obtain within a reasonable time, unsuitable to prove the facts it purports to prove, not allowed under the law or intended to prolong proceedings. 65 Thus evidence put before the Chamber must be prima facie relevant and reliable. The parties must have the opportunity to subject evidence to adversarial debate and to object to the admission of evidence, even if they do not avail themselves of this opportunity.66 2.3.4.2. Sources of Evidence Put Before the Chamber 2.3.4.2.1. 27. Evidence of the Accused Following opening statements, the substantive hearing commenced with statements by and questioning of the Accused in the order named in the Closing Order.67 Pursuant to Internal Rules 21(1)(d) and 90(1), the President informed each Accused, prior to his opening statement, of his fundamental right to remain silent.68 In addition to those statements foreseen in the Internal Rules, when the Accused were 62 Internal Rules 80(1)-(3). Decision Concerning New Documents and Other Related Issues, E190, 30 April 2012, paras 17, 23, 28, 38. 64 Decision Concerning New Documents and Other Related Issues, E190, 30 April 2012, para. 27, fn. 38. This standard is based on that applied at the investigation phase for investigative acts which result in the placement of material on the case file (Internal Rule 55(5)). 65 Internal Rules 87(3). 66 See e.g. 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, paras 40-43. 67 Trial Chamber Response to Co-Prosecutors’ Requests concerning Testimony of the Accused (E101 and E101/1) (TC), E101/5, 27 October 2011, p. 1; Response to Issues Raised by Parties in Advance of Trial and Scheduling of Informal Meeting with Senior Legal Officer on 18 November 2011 (TC), E141, 17 November 2011, p. 3. 68 T. 5 December 2011, pp. 39-40 (NUON Chea); T. 13 December 2011, pp. 58-59 (IENG Sary); T. 13 December 2011, p. 66 (KHIEU Samphan).The Accused were exempt from taking an oath (Internal Rule 90). 63 Case 002/01, Judgement, 7 August 2014 - Public 13

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