01185933
002/19-09-2007-ECCC/SC
Doc No. F26/12
and KHIEU Samphiin's criminal responsibility, including reliability and credibility of
evidence". 171
71.
The Supreme Court Chamber notes that the use of statements and declarations of Civil
Parties by the Trial Chamber are indeed grounds of appeal raised by KHIEU Samphiin and
NUON Chea. 172 However, it is the manner in which the Trial Chamber relied on such
statements that is alleged to have been in error, and not the decision to allow their use or
admission into evidence per se. As such, and without prejudice to the eventual decision of the
Supreme Court Chamber on those grounds of appeal, the Supreme Court Chamber has
decided to allow the use of documents ElI197.l, ElI198.l, ElI199.l, E1I200.l, E1I287.l and
E3/47l9 in the examination of the three witnesses.
VIII.
72.
FILING OF THE DOCUMENT LISTS INTO THE CASE RECORD
In keeping with the Directions, NUON Chea, KHIEU Samphiin, and the Civil Party
Lead Co-Lawyers submitted their respective document lists as attachments to e-mails
addressed to the Supreme Court Chamber's Greffiers. To ensure the completeness of the
record, the Supreme Court Chamber has decided that these document lists be filed into the
Case 002 Case File.
173
IX.
DISPOSITION
For the foregoing reasons, THE SUPREME COURT CHAMBER HEREBY decides that:
1) The request ofNUON Chea and KHIEU Samphiin to reject the Civil Parties'
Document List and the Co-Prosecutors' Document List because of their late
filing is rejected;
2) The Co-Prosecutors may not use document E3/1539 in the examination of the
witnesses as it was not included in the Co-Prosecutors' Document List and no
compelling reason for its subsequent inclusion was presented;
KHIEU Samphlln's Objections, para. 17, referring to Directions, operative paragraph 1 b).
Memoire d'appel de la Dej(mse de M. KHIEU Samphan contre Ie jugement rendu dans Ie proces 002101,29
December 2014, F 17, para. 30; Appeal Brief, paras 185 -206.
173 NUON Chea's List of Materials for Use in Questioning SCW-3, SCW-4 and SCW-5, 24 June 2015, F26/4;
Liste des documents de M. KHIEU Samphan pour la deposition de SCW-3, SCW-4 et SCW-5, 24 June 2015,
F26/5; List of Materials to Be Used by the Lead Co-Lawyers for the Hearings Before the Supreme Court
Chamber, 24 June 2015, F26/6.
171
172
DECISION ON OBJECTIONS TO DOCUMENT LISTS - FULL REASONS
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