01185899
002/l9-09-2007-ECCC/SC
Doc No. F26/l2
several documents; and the addition of one document, E3/1539, which, according to the
e-mail "[ d]ue to administrative error, [ ... ] was not included in the first list". 16
6.
On 26 June 2015 at l5h2l, and following a request by the Defence for KHIEU
Samphiin,17 a staff member of the Office of the Prosecutor sent via e-mail 18 a further updated
list of documents intended to be used by the Co-Prosecutors, which included the ERN
numbers of the French versions of documents longer than 30 pages.
7.
On 29 June 2015, the Co-Prosecutors, NUON Chea and KHIEU Samphiin filed their
objections to the documents lists. 19
8.
On 1 July 2015, the Supreme Court Chamber disposed of those objections with a
summary of reasons, indicating that full reasons for the decision would be given in due
course?O Herewith, the Chamber provides these reasons.
II.
LATE FILING OF THE CIVIL PARTY CO-LAWYERS' AND THE
CO-PROSECUTORS' DOCUMENT LISTS
9.
NUON Chea submits that the Co-Prosecutors' Document List and Civil Party Lead
Co-Lawyers' Document List were filed late and, for that reason, the Co-Prosecutors and the
Civil Party Co-Lawyers should not be allowed to use any of the documents on their lists
during the examination of the witnesses.21 KHIEU Samphiin also notes that the CoProsecutors' Document List was filed late. 22
10.
The Supreme Court Chamber notes that the Co-Prosecutors' Document List and the
Civil Party Co-Lawyers' Document List were sent bye-mail to the Supreme Court
Chamber's Greffiers on 24 June 2015 after l6hOO and therefore indeed after the time limit the
Chamber had set. While the Co-Prosecutors also filed their list through the e-filing system
Updated Co-Prosecutors' Document List.
See E-mail by Legal Consultant for KHIEU Samphan to Assistant Co-Prosecutor, "Re: corrected CoProsecutors' list of documents", 26 June 2015, 9h54, on file with the Supreme Court Chamber.
18 E-mail by Assistant Co-Prosecutor to Legal Consultant for KHIEU Samphan, "Re: corrected Co-Prosecutors'
list of documents", on file with the Supreme Court Chamber.
19 See supra para. 1 and references to Co-Prosecutors' Objections, NUON Chea's Objections and KHIEU
Samphan's Objections. The Civil Party Lead Co-Lawyers also filed their objections, which, the Greffiers of the
Supreme Court Chamber decided to reject because it was filed in English only. E-mail by Supreme Court
Chamber Greffier to Singh Chitrangada, "Notice of deficient filing", 29 June 2015, 16h34. The Civil Party Lead
Co-Lawyers filed the Civil Party Lead Co-Lawyers' Request Pursuant to Internal Rule 39(4)(b), 30 June 2015,
F26/l0. The Supreme Court Chamber addressed and rejected this request in the Decision on Civil Party Lead
Co-Lawyers' Request Pursuant to Internal Rule 39(4)(b), 1 July 2015, F26/l0/l.
20 Decision on Objections to Document Lists Summary, 1 July 2015, F26/l1.
21 NUON Chea's Objections, para. 2.
22 KHIEU Samphan's Objections, para. 7.
16
17
DECISION ON OBJECTIONS TO DOCUMENT LISTS - FULL REASONS
4/40