01200822
E350/S
5.
The Co-Prosecutors submit that interrogation records from S-21 and Kraing Ta Chan
Security Centre are admissible for purposes other than to prove the truth of their contents. 9
The use of interrogation records to ascertain the identity and biographical data of the victims,
as well as the dates of their arrests and interrogations either fall within the scope of the Article
15 exception or reflect information that was not obtained through torture. 10 Annotations made
by the perpetrators or their superiors are to be distinguished from the victims' confessions and
are not themselves statements obtained through torture. I I They prove the commission of
torture and other crimes, as well as the motives and knowledge of CPK leaders. 12 Any
subsequent use of names identified in S-21 confessions or Kraing Ta Chan notebooks does
not rely upon the torture-tainted confession being true. 13 Reports and notes can be used to
prove a process by which arrest decisions were made. 14 Letters and statements made prior to
interrogations and statements that are, due to their contents, unlikely to have been obtained
through torture, are not established to be torture-tainted. 15
6.
The Co-Prosecutors submit that a clear and convincing standard of proof might be
appropriate to show that a statement was not a result of torture. 16 They further submit that
torture is not limited to physical maltreatment but may include mental mistreatment. 17
7.
Lastly, the Co-Prosecutors submit that the Chamber should not resolve these matters on
an incremental basis. It should instead wait until the completion of evidence in Case 002/02
before it decides on the admissibility and weight of torture-tainted evidence. 18 This is said to
follow the Chamber's approach in Case 001. 19 They reason that professional judges do not
need restrictive evidentiary rules to be applied during the course of a trial. 20
2.2. The Lead Co-Lawyers' Submissions
8.
The Civil Party Lead Co-Lawyers submit that torture-tainted statements are inadmissible
for the truth of their contents and can only be used in proceedings against the alleged
9
10
11
12
13
14
15
16
17
18
19
20
Co-Prosecutors' Submissions,
Co-Prosecutors' Submissions,
Co-Prosecutors' Submissions,
Co-Prosecutors' Submissions,
Co-Prosecutors' Submissions,
Co-Prosecutors' Submissions,
Co-Prosecutors' Submissions,
T. 25 May 2015, p. 13.
T. 25 May 2015, p. 14.
Co-Prosecutors' Submissions,
Co-Prosecutors' Submissions,
Co-Prosecutors' Submissions,
paras 7-18; T. 25 May 2015, pp. 7-8.
paras 5, 9-10; T. 25 May 2015, pp. 11-12.
paras 5, 11-15.
paras 5, 14-15.
para. 15.
paras 5, 15; T. 25 May 2015, pp. 11-12.
paras 16-18.
paras 21-22.
para. 22.
para. 22; T. 25 May 2015, pp. 18-19.
Decision on Evidence Obtained through Torture, Public, 5 February 2016
4