01005697
Case File No. 002/19-09-2007/ECCC/TC
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57.
The first trial segment in Case 002/01 focused on the historical context of the
crimes. During this segment and throughout the trial, the Chamber heard evidence
concerning the American bombing campaign in Cambodia between 1969 and 1973,
living conditions prior to 17 April 1975 and the post-1979 context from witnesses and
experts, including seven proposed by NUON Chea. Various pieces of documentary
evidence, proposed by all parties and relevant to the historical context (including the
American bombing campaign in Cambodia between 1969 and 1973, living conditions
prior to 17 April 1975 and the post-1979 context) were also admitted.144
58.
The Chamber notes that it is bound by the facts contained in the Closing Order
pursuant to Internal Rule 98(2), as severed in Case 002/01, and its obligation to ensure
that trials are fair and expeditious. The Chamber therefore excluded some evidence of
facts falling outside the scope of Case 002/01 or the Closing Order, including some
relating to the historical context.145 NUON Chea, however, fails to demonstrate either
that the evidence admitted concerning the historical context of the crimes was
insufficient or how other evidence would have had a concrete impact on his guilt or
innocence. Indeed, NUON Chea indicated that he chose not to fully explore the
historical context and other matters outside the scope of Case 002/01, in part, as a
matter of strategy, not inability.146 Accordingly, the Chamber finds that the rights of
the Accused to present a defence were not violated.
2.4.8. Right to Examine Witnesses, Civil Parties and Experts
59.
The Accused submit that their right to effectively examine witnesses, Civil
Parties and experts and the principle of equality of arms were infringed by arbitrary
and unfair limitations on the scope of questioning and the material that could be used
144
David CHANDLER, SAO Sarun, Al ROCKOFF, Sydney SCHANBERG, KAING Guek Eav,
Stephen HEDER and Philip SHORT. NUON Chea initially proposed 132 witnesses relevant to the
historical background (Summaries of Proposed Witnesses, Experts and Civil Parties, E9/10, 23
February 2011); See e.g. Decision on Objections to Documents Proposed to be put before the Chamber
on the Co-Prosecutor’s Annexes A1-A5 and to Documents Cited in Paragraphs of the Closing Order
Relevant to the First Two Trial Segments of Case 002/01, E185, 9 April 2012.
145
See e.g. Third Decision on Objections to Documents Proposed for Admission before the Trial
Chamber, E185/2, 12 August 2013, para. 27; 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, para. 34.
146
Immediate Appeal against Second Severance Order and Response to Co-Prosecutors’ Appeal
against Same, E284/4/1, 27 May 2013, paras 18-19.
Case 002/01, Judgement, 7 August 2014 - Public
30
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