01005706
Case File No. 002/19-09-2007/ECCC/TC
E313
Chamber to ensure his counsel had access to the detention facilities on weekends.183
Thus, considering that the Chamber refused to give the Accused a “worthy, fair and
composed question time”, the Accused “exercised the only right he ha[d] left, to
remain silent until the closure of the ‘proceedings’ and to make a final statement after
closing arguments”.184 Further, both KHIEU Samphan and NUON Chea indicated that
they refused to submit to questioning at the conclusion of the hearing of evidence on
the basis that their fair trial rights were violated throughout the proceedings.185
75.
Pursuant to Internal Rules 85 and 90, the President, in consultation with the
judges of the Trial Chamber, may decide on reasonable procedures for the statements
or questioning of an accused so long as the rights of the accused are respected.186
76.
The Chamber granted KHIEU Samphan’s request for prior notification of the
documents the parties intended to use in questioning and to testify in half-day
sessions. The Chamber, however, specifically indicated that it was unable to calculate
how long the Accused would be able or willing to answer questions and therefore
declined to place any further time limitations on questioning. Considering the length
of the investigation and trial and the fact that the Accused was on notice of the
charges against him throughout, the Chamber also denied KHIEU Samphan’s requests
for a three week adjournment to prepare for questioning and notification of the topics
and questions the other parties planned to canvas.187
77.
In relation to the request for a list of topics or questions to be covered in
questioning, the Chamber affirms its previous finding that the Accused was expected
to know the case against him and the context of questioning, particularly by the
183
T. 9 July 2013, pp. 40-43; T. 13 June 2013, pp. 37-38; Submissions by Mr. KHIEU Samphan’s
Defence regarding the Questioning of the Accused, E288/4, 5 July 2013, paras 11-22, 26-27, 38;
Urgent Request by the Defence Team of Mr. KHIEU Samphan for an Immediate Stay or Proceedings,
E275/2/1/1, 1 August 2013, paras 71-72, 75, 99.
184
Submissions by Mr. KHIEU Samphan’s Defence regarding the Questioning of the Accused,
E288/4, 5 July 2013, para. 5, 23-24, 40; T. 9 July 2013, pp. 41, 42-43.
185
T. 9 July 2013, pp. 41, 42-43; T. 17 July 2013, pp. 67-68; Withdrawal of Notice of Intent pursuant
to Internal Rule 90, E287/2, 30 July 2013, paras 3-4, 18.
186
See also, Seromba Appeal Judgement, paras 19-20; Blagojević and Jokić Appeal Judgement, paras
27-29.
187
Schedule for the Final Document and Other Hearings in Case 002/01, for the Questioning of the
Accused and Response to Motions E263 and E288/1 (TC), E288/1/1, 17 June 2013, paras 8-9; T. 13
June 2013, pp. 26-27.
Case 002/01, Judgement, 7 August 2014 - Public
39
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents