01200824 E350/8 11. The NUON Chea Defence submits that although it should be permitted to adduce torture-tainted evidence, Article 15 ofthe CAT prevents the Co-Prosecutors from using it. 33 In particular, it asserts the exclusionary rule applies only to the use of torture-tainted statements by state authorities (in this case, the Co-Prosecutors) against individuals. 34 It contends that the historical development of the CAT and state practice endorse this interpretation. 35 12. The NUON Chea Defence notes that the admissibility of evidence is within the Trial Chamber's discretion pursuant to Internal Rule 87(3).36 It submits that a torture-tainted statement which may prove a defendant's innocence should be admissible,37 with weight to be assessed at a later stage. 38 It contends that this forms part of the right to a fair tria1. 39 It further argues that the domestic provisions in Canada, Denmark, Greece and Austria recognise the general admissibility of exculpatory evidence. 4o Evidence that is discovered through the use of torture-tainted evidence, i.e. the fruit of the poisonous tree, should not be categorically excluded. 41 13. Lastly, it submits that the Co-Prosecutors used torture-tainted evidence on several occasions, while objecting to its use by the defence. 42 It is contended that this is a double standard. 43 2.4. The KHIEU Samphan Defence's Submissions 14. The KHIEU Samphan Defence submits that torture-tainted evidence may be used solely to establish that a statement was made and that the party seeking to use such evidence bears the burden of proving that they only use it for this purpose. 44 It submits that the exclusionary rule in Article 15 of the CAT only applies to statements established to be obtained under torture. 45 The KHIEU Samphan Defence submits that not all persons interrogated at Kraing NUON Chea Defence's Submissions, paras 15-23,30; T. 25 May 2015, p. 30. NUON Chea Defence's Submissions, para. 17. 35 NUON Chea Defence's Submissions, paras 18-23. 36 NUON Chea Defence's Submissions, para. 24. 37 NUON Chea Defence's Submissions, paras 28, 30; T. 25 May 2015, p. 30. 38 NUON Chea Defence's Submissions, para. 28. 39 NUON Chea Defence's Submissions, paras 25-26. 40 NUON Chea Defence's Submissions, para. 27. 41 T. 25 May 2015, p. 29. 42 NUON Chea Defence's Submissions, paras 29-30; see also T. 25 May 2015, pp. 31-32. 43 NUON Chea Defence's Submissions, para. 30; T. 25 May 2015, p. 28. 44 Conclusion de la Defense de M. KHIEU Samphan concernant l'usage des informations obtenues sous la torture, E350/4, 21 May 2015 ("KHIEU Samphan Defence's Submissions"), para. 14; T. 25 May 2015, pp. 4041,45-46. 45 KHIEU Samphan Defence's Submissions, para. 6. 33 34 Decision on Evidence Obtained through Torture, Public, 5 February 2016 6