01200826 E350/8 infonnation. The CIJ held the first rationale to be inapplicable, finding that the exclusion of infonnation in Case 002 would not deter would-be torturers since the evidence was 30 years old and not obtained by the ECCC or its officials. 54 18. The CIJ however considered the reliability of torture-tainted evidence to be a relevant consideration. They found that such evidence could be used in two ways which did not depend on the reliability of the evidence: (1) as investigative leads and (2) for purposes other than establishing the truth of the contents. The latter category included lists of alleged traitors, "if it can be demonstrated that the people listed were later arrested or executed" as proof of the Accused's reliance on this infonnation. 55 19. Finally, the CIJ ruled that "infonnation obtained by torture, is, as a rule, unreliable." Nonetheless, they held that it was possible that such evidence could contain elements of truth and would consider whether to rely on such evidence at the conclusion of the investigation on a case-by-case basis. 56 The Pre-Trial Chamber addressed this last point when rejecting an appeal on admissibility grounds. It stated, ''Notwithstanding any observations to the contrary by the Co-Investigating Judges in the Order, Article 15 of the CAT is to be strictly applied. There is no room for a detennination of the truth or for use otherwise of any statement obtained through torture.,,57 3.2. ECCC Trial Chamber Decisions on Torture in Case 001 and Case 002/01 20. The Trial Chamber has consistently held that torture-tainted evidence cannot be used for the truth of its contents. 58 In Case 001, the Trial Chamber admitted a table compiling annotations made by the Accused Kaing Guek Eav alias Duch on 60 S-21 confessions, noting, "[t]he relevance of these documents is limited to the fact that they were made and, OCIl Order, paras 23-24. OCIl Order, paras 25-27. 56 OCIl Order, paras 28-29. 57 Decision on Admissibility of IENG Sary's Appeal Against the OCIl's Constructive Denial of IENG Sary's Requests Concerning the OCIl's Identification of and Reliance on Evidence Obtained Through Torture, D130/7/3/5, 10 May 2010, para. 38. 58 T. 28 May 2009, p. 9 ("The Chamber wishes to emphasize the importance of the fact that this Court is bound by the provisions in Article 15 of the Torture Convention which the President has just read out. This provision is reflected in Article 38 of the Cambodian Constitution and also in Rule 21(3) of the Internal Rules [ ... ] In practice, this means that the fact that a confession has been made, and that it was made under torture is an admissible fact; however, the contents of a confession made under torture cannot be accepted as a truthful statement. If any party wishes to refer to the truthfulness or otherwise of the contents of a confession, it will be necessary first to establish if the confession was made under torture or the threat of torture. For that reason, parties should consider whether an examination of the contents of a confession is sufficiently important to seek an inquiry concerning the circumstances under which the confession was made.") 54 55 Decision on Evidence Obtained through Torture, Public, 5 February 2016 8