01005694
Case File No. 002/19-09-2007/ECCC/TC
E313
49.
In sum, the Chamber provided the parties sufficient, timely and clear notice of
the charges falling within the scope of Case 002/01 and the conduct of the trial. The
Chamber also re-iterates that generalised submissions concerning the scope and
conduct of future trials in Case 002 cannot demonstrate any concrete impact on the
fairness of the trial in Case 002/01.131
2.4.6. Right to Propose Witnesses
50.
NUON Chea argues that the Chamber preferred inculpatory witnesses and
failed to call witnesses important to his Defence.132 Both Accused argue that the
Chamber failed to provide reasons for its decisions not to call certain witnesses, thus
obliging the Accused to speculate and adopt a splintered approach to their defence.133
51.
In response to the Trial Chamber’s Preparation Order of 17 January 2011, the
parties proposed a cumulative total of 1,054 witnesses.134 In considering which of
these individuals to summons, the Chamber weighed the rights of all parties to
propose evidence, the need to hold a public hearing following the confidential
investigation, the Accused’s right to confront witnesses and the right of each Accused
to a fair and expeditious trial.135 During the Initial Hearing in June 2011 and during
Trial Management Meetings in April 2011, August 2012 and June 2013, the Chamber
provided the parties indications as to those witnesses it intended to call or not call in
relation to upcoming segments of the trial, invited oral and written submissions, and
repeatedly encouraged parties to indicate those witnesses they deemed most vital to
131
See e.g. T. 13 June 2013, pp. 47, 54.
NUON Chea’s Closing Submissions in Case 002/01, E295/6/3, 26 September 2013, paras 41-59,
91; T. 22 October 2013 (NUON Chea Defence Closing Statement), pp. 37-40, 43-44; T. 31 October
2013 (NUON Chea), pp. 30-31; T. 31 October 2013 (NUON Chea Defence Rebuttal), p. 38.
133
NUON Chea’s Closing Submissions in Case 002/01, E295/6/3, 26 September 2013, para. 89; T. 13
June 2013, pp. 79-80; Request for a Public Oral Hearing regarding the Calling of Defence Witnesses,
E212, 22 June 2012, paras 13, 18-24; Indications of Witnesses and Documents Germane to the Initial
Phases of the First Trial, E131/1/6, 2 November 2011, paras 4-8, 11-14.
134
Order to File Material in Preparation for Trial (TC), E9, 17 January 2011.
135
See e.g. Agreement, Article 13(1); Final Decision on Witnesses and Civil Parties to be Heard in
Case 002/01, E312, 7 August 2014; Scheduling of Trial Management Meeting to enable planning of the
remaining trial phases in Case 002/01 and implementation of further measures designed to promote
trial efficiency (TC), E218, 3 August 2012, para. 12; 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, para. 1.
132
Case 002/01, Judgement, 7 August 2014 - Public
27
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