01185906 002/19-09-2007-ECCC/SC Doc No. F26/12 26. VI. TORTURE-TAINTED DOCUMENTS A. Procedural context and submissions KHlEU Samphiin notes that NUON Chea's and the Co-Prosecutors' document lists include statements taken at S-21 prison ("S-21 Statements"), and, maintaining that such statements were presumably obtained by means of torture, objects to their use in the July 2015 Hearing entirely.47 The Co-Prosecutors object to the use of S-21 Statements to establish the truth of the matters confessed, but posit that they may be used to prove other circumstances. 48 27. The Supreme Court Chamber notes that the Trial Chamber held in Case 002/01 that evidence produced by torture is inadmissible in all circumstances for the truth of its contents based, principally, on Article 15 of the Convention Against Torture 49 ("CAT"), repeating an earlier finding to this effect in Case 001. 50 NUON Chea challenges this holding as part of his appeal against the Trial Judgment. 51 In Case 002/02, the use of torture-tainted evidence is a live issue again. 52 28. In his submissions before the Supreme Court Chamber in the context of the July 2015 Hearing, NUON Chea does not explain how he wants to use the S-21 Statements. In his Appeal Brief, however, he argues that, while torture-tainted evidence may not be used against accused persons, they may use such evidence in their defence, which, in NUON KHIEU Samphlln's Objections, paras 12-14. Co-Prosecutors' Objections, para. 5, fu. 8; KHIEU Samphlln's Objections, para. 14. The specific documents objected to are: D312.2.25, D36617.1.1.8, E3/1682, E3/1855, E3/2792, E3/3857, E3/3989, E3/4202. The Supreme Court Chamber notes that E3/4202 is not in itself a confession, but a book quoting or paraphrasing confessions of S-21 prisoners, including the confession of RUOS Nhim. Given the provenance of the relevant portions of this document, the Supreme Court Chamber considers them equal to the other S-21 Statements. 49 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. Res. 39/46, U.N. Doc. A/39/51, 10 December 1984, entered into force 26 June 1987 ("CAT"). 50 See Case 002/01 Judgement, 7 August 2014, E313 ("Trial Judgment"), para. 35; Trial Chamber Response to Motions E67, E57, E56, E58, E23, E59, E20, E33, E71, and E73 Following Trial Management Meeting of April 2011, 8 April 2011,E74,p. 3. 51 NUON Chea's Appeal Against the Judgment in Case 002/01,29 December 2014, F16 ("Appeal Brief'), paras 706-722; Notice of Appeal Against the Judgment in Case 002/01, 29 September 2014, E313/1/1, p. 7 (Ground 36). 52 The Trial Chamber received written submissions and held an oral hearing on the matter on 21 and 25 May 2015, respectively. See NUON Chea's Submissions Regarding the Use of "Torture-Tainted Evidence" in the Case 002/02 Trial, 21 May 2015, E350 ("NUON Chea's Case 002/02 Submissions"); Co-Prosecutors' Submission Regarding the Application of the Torture Convention to S-21 Confessions and Other Records Relating to Interrogations of Prisoners, 21 May 2015, E350/1 ("Co-Prosecutors' Case 002/02 Submissions"); Civil Party Lead-Co-Lawyers' Submissions Relating to the Admissibility and Permissible Uses of Evidence Obtained through Torture, 21 May 2015, E350/3 ("Civil Party Lead Co-Lawyers' Case 002/02 Submissions"); Conclusions de la Defense de M. KHIEU Samphan concernant l'usage des informations obtenues sous la torture, 21 May 2015, E350/4 ("KHIEU Samphlln's Case 002/02 Submissions"); T. (EN), 25 May 2015, El/304.1, pp. 3-48. 47 48 DECISION ON OBJECTIONS TO DOCUMENT LISTS - FULL REASONS 11140