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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents