01005699
Case File No. 002/19-09-2007/ECCC/TC
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during questioning provided that they satisfied the requirements of Internal Rule 87(4)
or demonstrated that the proposed evidence was in the interests of justice, for example
because it was exculpatory or related closely to the testimony of a witness. 152 Finally,
in the interest of just and expeditious proceedings, the Chamber admitted statements
of certain individuals not called to give oral evidence, noting that no conviction would
be solely or decisively based thereupon.153 For example, the Chamber admitted
statements of witnesses and Civil Parties in place of their oral evidence insofar as
such statements were relevant to proof of matters other than the acts and conduct of
the Accused as charged in the Closing Order, including the historical background,
administrative and communications structures, the crime base, Democratic
Kampuchea policies, the impact of the crimes on victims and/or the contextual
elements of crimes against humanity.154
62.
Insofar as the Accused allege unfair limitations on their ability to challenge
evidence and examine witnesses, they fail either to demonstrate prejudice or that they
exhausted other available means, for example by submission in rebuttal or the
proposal of documentary evidence. The Chamber finds that the right of the Accused
to challenge evidence and examine witnesses was not infringed.
2.4.9. Right to Adversarial Debate
63.
KHIEU Samphan argues that the key document presentation hearings were
limited to presentation of documents and excluded real adversarial debate, since the
opportunity to challenge the entirety of the evidence submitted at trial can take place
152
Decision Concerning New Documents and Other Related Issues, E190, 30 April 2012, para. 36;
Response to Internal Rule 87(4) Requests to Place New Documents on the Case File concerning the
Testimony of Witnesses François PONCHAUD and Sydney SCHANBERG (E243) and Experts Philip
SHORT (E226, E226/1 and E230) and Elizabeth BECKER (E232 and E232/1) (TC), E260, 18 January
2013, para. 5; Response to Your Letter of 21 June 2012 concerning the Trial Chamber’s Decision on
IENG Sary’s Rule 87(4) Request (E172/24/4/1) (TC), E172/24/4/4, 16 July 2012, para. 4.
153
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 28 (noting that the Chamber would not rely upon statements admitted in place of
oral testimony in considering the acts and conduct of the accused as charged), 29; See also, 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. 21.
154
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.
Case 002/01, Judgement, 7 August 2014 - Public
32
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