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002/19-09-2007-ECCC/SC
Doc No. F26/12
torturer, this information may be used, insofar as it could prove questions posed, persons
present, or the course of events and the application of torture in particular. 168 On the other
hand, whether information such as biographical data recorded in S-2l confessions or prison
notebooks identifying the victims, such as their name, age, residence, former occupation and
DK unit or position, and other information that the Co-Prosecutors wish to use, were obtained
by torture is a matter of proof. 169 For the purpose of the issue at hand, a review of the S-2l
Statements included in NUON Chea's and the Co-Prosecutors' Document Lists shows prima
facie that the contents thereof emanate entirely from the victims alone and it has been
established, for the purpose of the present proceedings, that the victims were subjected to
torture; any "other relevant facts" would have to be extracted by inference. The CoProsecutors do not demonstrate which elements of the S-2l Statements did not emanate from
the victim or were not the result of torture. In the context of the July 2015 Hearing, the
Supreme Court Chamber therefore refuses to permit the use of the S-2l Statements or making
any inferences therefrom.
F.
69.
Conclusion
A party requesting the use of evidence derived from torture or wishing to tender such
evidence must first demonstrate that it is being introduced only for the reason permitted by
Article 15 of the CAT. For the reasons stated above, the Supreme Court Chamber considers
that both NUON Chea and the Co-Prosecutors fail to so demonstrate, and has accordingly
decided that none of the S-2l Statements may be used during the hearing of SCW -3, SCW-4,
and SCW-5.
VII.
70.
STATEMENTS OF CIVIL PARTIES
KHIEU Samphiin notes that documents ElI197.l, ElI198.l, ElI199.l and E1I200.l,
which feature on the Civil Parties' Document List, and documents E1I287.l and E3/47l9,
which feature on the Co-Prosecutors' Document List, are declarations that individual Civil
Parties have made in relation to crimes. 170 He notes that the use by the Trial Chamber of such
declarations is the subject of one of his grounds of appeal and recalls that the Supreme Court
Chamber, in the Directions, held that "[t]he parties' questions must relate to NUON Chea's
16X Co-Prosecutors' Case 002/02 Submissions, paras 11-15. See also Novak Manfred Nowak & Elizabeth
McArthur, The United Nations Convention Against Torture: A Commentary, pp. 536-537.
169 Co-Prosecutors' Case 002/02 Submissions, para. 9.
170 KHIEU Samphlln's Objections, paras 15, 18.
DECISION ON OBJECTIONS TO DOCUMENT LISTS - FULL REASONS
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