By James O'Toole
The Phnom Penh Post
JUDGES at the Khmer Rouge tribunal have ruled that the court’s investigating judges are not required to disclose the extent to which they have relied on evidence obtained through torture at this point in the proceedings of the tribunal’s second case, setting the stage for challenges from the defence when the case goes to trial.
In a ruling dated Monday, the tribunal’s Pre-Trial Chamber (PTC) judges rejected as inadmissible an appeal from the defence team of former Khmer Rouge foreign minister Ieng Sary, which had called for the Office of the Co-Investigating Judges (CIJs) to “transparently reveal to what extent it has used or intends to use ... any material obtained by, or as a result of torture”.
The PTC judges declined to order this disclosure, however, saying that upon the issuance of a closing order – a ruling on indictments or dismissals that is expected by September – the “rationale of the analysis of evidence will become apparent”. The admissibility of evidence may also be challenged before the Trial Chamber, the PTC added.
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