01200849 E350/8 such evidence, unless a party proposing to use such evidence establishes that a real risk does not exist that it was obtained through torture, or it falls within the exception to Article 15. 152 5.5.2. Use of Torture-Tainted Evidence in Case 002102 80. In order to provide the parties with guidance as to the application of these principles, the Chamber now considers instances in this case where the parties have invoked, or sought to invoke, evidence that may have been obtained through torture. 81. Both the NUON Chea Defence and the Co-Prosecutors have attempted to invoke S-21 confessions either to question witnesses in the case or at the key document presentation hearings. 153 Where such questions refer to annotations or inquire as to basic identifying information, they are permissible; otherwise, they will not be permitted. 82. The NUON Chea Defence has also made reference to statements contained within S-21 confessions without identifying a specific confession or confirming whether such confessions were the basis for such questions. 154 Where the foundation for a question is not properly laid, such questions will not be permitted. 155 83. As to the NUON Chea Defence request for clarification about its question to Witness PECH Chim ("Have you ever come to learn that Sae implicated you and your brother as belonging to his network?"), the Chamber notes that it is moot as the witness in fact answered the question. Nonetheless, because similar questions continue to be asked,IS6 and the Chamber must determine if it may rely on the answer to this question as evidence, the Chamber provides the following guidance. 84. The question put to PECH Chim inquires as to the witness' knowledge. It seeks information from the witness as to his awareness of being accused of acts that may have been considered to be disloyal to the CPK. How he came to know of this would be of particular 152 Judge Fenz generally agrees with the Majority decision on this Section 5.5.1, however maintains her dissent with regard to the interpretation of the exception in Article 15. 153 T. 28 April 2015, pp. 39-42 (Counsel for NUON Chea referencing S-21 Confession of Chou Chet E31746 at key document presentation hearing); T. 5 May 2015, p. 32-33, 55-57. 154 T. 24 April 2015, pp. 30-35 (during the questioning of Pech Chim, Counsel for NUON Chea inquired whether the witness knew "that Sae implicated you and your brother as belonging to his network." The Assistant Co-Prosecutor suggested that this information was contained in the S-21 confession of Kang Chap (E3/2792); T. 16 June 2015, p. 4 (Counsel for NUON Chea inquiring whether witness had "ever heard of the storage of more than 1000 tonnes offood at Anlong Kngan used for soldiers involved in the rebellion."). 155 T. 16 June 2015, pp. 5-6. 156 T. 5 May 2015, pp. 32-33, 55-57. Decision on Evidence Obtained through Torture, Public, 5 February 2016 31