Rules of procedure and evidence ICTY:artikel 77

Rules of procedure and evidence ICTY

Rule 77 Contempt of the Tribunal

Geldend

Documentgegevens:

Geldend vanaf 22-09-2006

Redactionele toelichting: Bron: www.un.org
Bronpublicatie:: 13-09-2006, Internet 2006, www.un.org (uitgifte: 13-09-2006, kamerstukken/regelingnummer: -)
Inwerkingtreding: 22-09-2006
Bronpublicatie inwerkingtreding:: 13-09-2006, Internet 2006, ww.un.org (uitgifte: 13-09-2006, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal strafrecht / Internationale tribunalen

(A)

The Tribunal in the exercise of its inherent power may hold in contempt those who knowingly and wilfully interfere with its administration of justice, including any person who

(i): being a witness before a Chamber, contumaciously refuses or fails to answer a question;
(ii): discloses information relating to those proceedings in knowing violation of an order of a Chamber;
(iii): without just excuse fails to comply with an order to attend before or produce documents before a Chamber;
(iv): threatens, intimidates, causes any injury or offers a bribe to, or otherwise interferes with, a witness who is giving, has given, or is about to give evidence in proceedings before a Chamber, or a potential witness; or
(v): threatens, intimidates, offers a bribe to, or otherwise seeks to coerce any other person, with the intention of preventing that other person from complying with an obligation under an order of a Judge or Chamber.

(B)

Any incitement or attempt to commit any of the acts punishable under paragraph (A) is punishable as contempt of the Tribunal with the same penalties.

(C)

When a Chamber has reason to believe that a person may be in contempt of the Tribunal, it may:

(i): direct the Prosecutor to investigate the matter with a view to the preparation and submission of an indictment for contempt;
(ii): where the Prosecutor, in the view of the Chamber, has a conflict of interest with respect to the relevant conduct, direct the Registrar to appoint an amicus curiae to investigate the matter and report back to the Chamber as to whether there are sufficient grounds for instigating contempt proceedings; or
(iii): initiate proceedings itself.

(D)

If the Chamber considers that there are sufficient grounds to proceed against a person for contempt, the Chamber may:

(i): in circumstances described in paragraph (C)(i), direct the Prosecutor to prosecute the matter; or
(ii): in circumstances described in paragraph (C)(ii) or (iii), issue an order in lieu of an indictment and either direct amicus curiae to prosecute the matter or prosecute the matter itself.

(E)

The rules of procedure and evidence in Parts Four to Eight shall apply mutatis mutandis to proceedings under this Rule.

(F)

Any person indicted for or charged with contempt shall, if that person satisfies the criteria for determination of indigence established by the Registrar, be assigned counsel in accordance with Rule 45.

(G)

The maximum penalty that may be imposed on a person found to be in contempt of the Tribunal shall be a term of imprisonment not exceeding seven years, or a fine not exceeding 100,000 Euros, or both.

(H)

Payment of a fine shall be made to the Registrar to be held in a separate account.

(I)

If a counsel is found guilty of contempt of the Tribunal pursuant to this Rule, the Chamber making such finding may also determine that counsel is no longer eligible to represent a suspect or accused before the Tribunal or that such conduct amounts to misconduct of counsel pursuant to Rule 46, or both.

(J)

Any decision rendered by a Trial Chamber under this Rule shall be subject to appeal. Notice of appeal shall be filed within fifteen days of filing of the impugned decision. Where such decision is rendered orally, the notice shall be filed within fifteen days of the oral decision, unless

(i): the party challenging the decision was not present or represented when the decision was pronounced, in which case the time-limit shall run from the date on which the challenging party is notified of the oral decision; or
(ii): the Trial Chamber has indicated that a written decision will follow, in which case the time-limit shall run from filing of the written decision.

(K)

In the case of decisions under this Rule by the Appeals Chamber sitting as a Chamber of first instance, an appeal may be submitted in writing to the President within fifteen days of the filing of the impugned decision. Such appeal shall be decided by five different Judges as assigned by the President. Where the impugned decision is rendered orally, the appeal shall be filed within fifteen days of the oral decision, unless

(i): the party challenging the decision was not present or represented when the decision was pronounced, in which case the time-limit shall run from the date on which the challenging party is notified of the oral decision; or
(ii): the Appeals Chamber has indicated that a written decision will follow, in which case the time-limit shall run from filing of the written decision.