Defence request for exclusion of evidence dismissed

In an Order dated 28 July 2009, the Co-Investigating Judges dismiss a request from Ieng Thirith`s Defence team to exclude any evidence or other material which was or may have been obtained by torture. The Defence request was related both to some specified evidence/materials already included in the case file for Case 002 as well as for any other evidence/material in this category which might be added to the case file in the future

Ieng Thirith during a pre-trial hearing 24 February 2009: Photo: ECCC Pool/ Heng Sinith

In its Order, the Co-Investigating Judges finds that the evidence and material which was requested excluded by the Defence contain certain information that was obtained without the use of torture. This includes handwritten annotations which appear on written confessions, made by the torturers, other S-21 staff or the Charged Persons. Furthermore the material contains “objective” information such as basic biographical data, date of arrest, date of interrogation etc. The Co-Investigating Judges finds that the use of such information is not prohibited by Article 15 of the “Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment” (CAT).

Furthermore, the Co-Investigating Judges finds that the reliability of the concerned material evidence cannot be assessed until the end of the investigation of Case 002. At that point the reliability of the material and evidence which was subject to the Defence request will be assessed on a case-by-case basis with the understanding that the Co-Investigating Judges will proceed with utmost caution given the nature of the evidence and the manner in which is was obtained

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ECC

អង្គជំនុំជម្រះវិសាមញ្ញក្នុងតុលាការកម្ពុជា Extraordinary Chambers in the Courts of Cambodia Chambres extraordinaires au sein des tribunaux cambodgiens

Defence request for exclusion of evidence dismissed

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