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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