01005679
Case File No. 002/19-09-2007/ECCC/TC
E313
2.3.3. The Case File
23.
The Trial Chamber was seised with the Case File following resolution of all
appeals against the Closing Order on 13 January 2011.54 Material on the Case File,
but not ultimately put before the Chamber pursuant to Internal Rule 87, is not relied
upon by the Chamber in considering the Accused’s guilt. 55 Once notified of the
charges, a Charged Person and after an indictment, an Accused, has on-going access
to the Case File throughout the proceedings.56 Thus NUON Chea has had access to
the Case File since 19 September 2007 and KHIEU Samphan since 19 November
2007.57
2.3.4. Admissibility of Evidence
2.3.4.1.
24.
Legal Framework
Unless provided otherwise, all evidence is admissible58 and, subject to the
criteria set out in Internal Rules 87(3)-(4), the parties may propose the admission of
any evidence at any stage of the trial.59 The Chamber has broad discretion in
determining the witnesses to be heard and the evidence to be admitted.60
25.
All evidence must be summarised, read out or otherwise appropriately
identified.61 Prior to the commencement of the trial, the Chamber may order all
54
Order to File Material in Preparation for Trial (TC), E9, 17 January 2011, p.1; See also, Decision
on IENG Thirith and NUON Chea's Appeal against the Closing Order (PTC), D427/2/12, 13 January
2011, p. 6; Decision on KHIEU Samphan’s Appeal against the Closing Order (PTC), D427/4/14, 13
January 2011, p. 4; Decision on IENG Sary’s Appeal against the Closing Order (PTC), D427/1/26, 13
January 2011, pp. 4-5.
55
KAING Guek Eav Trial Judgement, para. 38.
56
Internal Rules 9(5)-(6), 10(4), 55(6), 55(11), 86; See also, Decision on Defence Requests
Concerning Irregularities Alleged to Have Occurred during the Judicial Investigation (E221, E223,
E224, E224/2, E234, E234/2, E241 and E241/1), E251, 7 December 2012, para. 18.
57
Written Record of Initial Appearance of NUON Chea (OCIJ), D20, 19 September 2007; Written
Record Initial Appearance of KHIEU Samphan (OCIJ), D42, 19 November 2007.
58
Internal Rule 87(1).
59
Decision Concerning New Documents and Other Related Issues, E190, 30 April 2012, para.21;
NUON Chea Defence Notice to the Trial Chamber Regarding Research at DC-Cam (E211) (TC),
E211/2, 13 August 2012, para. 4; Case 001, Decision on Parties Requests to Put Certain Materials
before the Chamber pursuant to Internal Rule 87(2), E176, 28 October 2009, para. 13.
60
Decision Concerning New Documents and Other Related Issues, E190, 30 April 2012, para. 20;
Decision on Co-Prosecutors’ Rule 92 Submission Regarding the Admission of Witness Statements and
Other Documents before the Trial Chamber, E96/7, 20 June 2012, paras 18-20; Decision on Defence
Requests Concerning Irregularities Alleged to Have Occurred During the Judicial Investigation (E221,
E223, E224, E224/2, E234, E234/2, E241 and E241/1), E251, 7 December 2012, para. 25.
61
Internal Rule 87(3).
Case 002/01, Judgement, 7 August 2014 - Public
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