01005685
Case File No. 002/19-09-2007/ECCC/TC
E313
Absent the opportunity to examine the source or author of evidence, less weight may
be assigned to that evidence.94
35.
In order to convict, all reasonable inferences that may be drawn from the
evidence must be consistent with the guilt of the accused.95 Additionally, certain
evidence admitted for a limited purpose, such as proof that a statement was obtained
through torture, may be relied upon only for that limited purpose and not as to the
truth of the statement.96
36.
The Chamber ordered the parties to ensure that all admitted evidence was
available in all three official languages of the ECCC by the filing of Closing Briefs.
An exception applied to certain categories of evidence which self-evidently did not
require translation.97 Nevertheless, when the parties filed their Closing Briefs on 26
September 2013, various documents put before the Chamber remained on the Case
File in only one or two official languages of the ECCC. In the interests of justice, the
Chamber still considers this evidence in reaching its judgement. However, the
Chamber only relies on such evidence where it is corroborated by another reliable
source. Additionally, the Chamber considers whether the Accused have demonstrated
an understanding of the evidence or have relied upon such evidence in their
94
KAING Guek Eav Judgement, para. 43; KAING Guek Eav Appeal Judgement, paras 547, 557;
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 21-22, 32-33; 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 19, 23, 29-30.
95
Decision on the Applicability of Joint Criminal Enterprise, E100/6, 12 September 2011, para. 16;
See also, Mugenzi and Mugiraneza Appeal Judgement, para. 88; Delalić et al. Appeal Judgement, para.
458.
96
T. 5 April 2011, pp. 96-97; 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. 3; Case 001, Decision on Parties Requests to Put Certain Materials before the Chamber pursuant to
Internal Rule 87(2), E176, 28 October 2009, para. 8.
97
Decision on Co-Prosecutors’ Request to Establish Procedure Regarding Admission of Documents
not Translated in All ECCC Languages (E223/2/6) and Lead Co-Lawyers’ Response to Trial Chamber
Directives on Tendering Civil Party Statements and Other Documents (E223/2/7 and E223/2/7/1) (TC),
E223/2/6/1, 17 June 2013, p. 2 (The Chamber extended the deadline for the filing of evidence in all
three languages from 4 March 2013 to the date on which the Closing Briefs in Case 002/01 were filed.
The Chamber also determined that S-21 prisoner records were among the types of evidence that did not
require translation into all three languages, a category which also included photos, diagrams, drawings
and maps).
Case 002/01, Judgement, 7 August 2014 - Public
18
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