In a decision dated 29 July 2009 the Trial Chamber rejects a motion from the Co-Prosecutors to submit two segments of film footage as evidence in the trial against Kaing Guek Eav alias Duch.
A still photo taken from the disputed film footage was presented before the Trial Chamber 2 July 2009
The film footage in question was provided by the Government of Vietnam to the Documentation Center of Cambodia (DC-CAM) According to the Co-Prosecutors, the two segments contain images of S-21 taken in the immediate aftermath of its discovery by Vietnamese forces on or about 10 January 1979.
According to the Co-Prosecutors, the first segment of the footage includes images of the main gate of the S-21 central compound, overview scenes of the interior of the compound, scenes of various types of cells and estraint devices within the S-21 central compound, and images of decapitated corpses chained to beds. The second segment appears to depict Vietnamese soldiers removing two live infants and two live children from the central S-21 compound.
Duch`s Defence team has disputed the authenticity of the film footage, and has consequently requested the Trial Chamber not to allow it to be submitted as evidence.
In its decision, the Trial Chamber finds that the footage in question is likely to have little impact on the trial as the information it is supposed to provide has already been established through other testimonies and evidence. Furthermore, the Trial Chamber also finds that verification of the reliability of the footage, a pre-condition for its use as evidence, is unlikely to be obtained within a reasonable time. For these reasons the Trial Chamber denies the motion by the Co-Prosecutors to include the film footage as evidence.
Related documents:
Decision on the Vietnamese Film Footage Filed by the Co-Prosecutors and on Witnesses CP3/3/2 and CP3/3/3
Defence Response to the Co-Prosecutors' motion to submit new evidence, dated 28 January 2009