01005695
Case File No. 002/19-09-2007/ECCC/TC
E313
their cases.136All individuals requested by the parties were kept under review over the
course of the trial.
52.
Ultimately, the Chamber heard 92 individuals, including 20 proposed by
NUON Chea and 23 proposed by KHIEU Samphan (the latter including 5 character
witnesses). The majority of the other individuals proposed by NUON Chea and
KHIEU Samphan, including some identified as vital, were rejected as being irrelevant
to Case 002/01 (and accordingly deferred to future trials); irrelevant to Case 002
generally (including many proposed regarding the course and conduct of the judicial
investigation or in support of general allegations regarding the independence of the
judiciary and political interference); repetitive; or inadequately identified.137 The
Chamber also notes that some witnesses proposed by the Accused died prior to the
conclusion of the evidentiary hearing in Case 002/01 (see e.g. TCW-482 and TCW699) or could not be located with the exercise of reasonable diligence. 138 Other
mechanisms were nonetheless provided to enable the parties to introduce in written
form relevant statements and other information concerning witnesses not called or the
topics upon which they had been expected to testify.139
53.
In order to show that fair trial rights have been violated as a result of the non-
appearance of a witness, an accused must demonstrate that he exhausted all available
measures to obtain that witness’s testimony or tender the evidence sought in another
form, such as a witness statement.140
136
Final Decision on Witnesses and Civil Parties to be Heard in Case 002/01, E312, 7 August 2014.
Annexes II and III of Final Decision on Witnesses and Civil Parties to be Heard in Case 002/01,
E312.2, 7 August 2014.
138
Memorandum from the Witness and Expert Support Unit to the President of the Trial Chamber
entitled “Potential Witnesses - Unable to Locate”, E292/1/2, 4 July 2013.
139
See e.g. 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 20-26;
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; Third Decision on Objections to Documents Proposed for Admission Before the Trial
Chamber, E185/2, 12 August 2013, para. 24.
140
Renzaho Appeal Judgement, paras 169 (the accused’s “failure to seek a remedy at trial undermines
his claim of prejudice”), 191, 196, 216, 217 (“Any party is, of course, free to refrain from applying for
such measures. However, a party cannot circumvent its obligation to exhaust all available means to
present its case by unilaterally determining that certain measures are unreasonable or futile”), 218;
Lukić and Lukić, Appeal Judgement, paras 44-45, 58; Tadić Appeal Judgement, para. 55.
137
Case 002/01, Judgement, 7 August 2014 - Public
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