Rule 75 Measures for the Protection of Victims and Witnesses

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)

A Judge or a Chamber may, proprio motu or at the request of either party, or of the victim or witness concerned, or of the Victims and Witnesses Section, order appropriate measures for the privacy and protection of victims and witnesses, provided that the measures are consistent with the rights of the accused.

(B)

A Chamber may hold an in camera proceeding to determine whether to order:

(i)

measures to prevent disclosure to the public or the media of the identity or whereabouts of a victim or a witness, or of persons related to or associated with a victim or witness by such means as;

(a): expunging names and identifying information from the Tribunal's public records
(b): non-disclosure to the public of any records identifying the victim;
(c): giving of testimony through image- or voice- altering devices or closed circuit television; and
(d): assignment of a pseudonym;

(ii)

closed sessions, in accordance with Rule 79;

(iii)

appropriate measures to facilitate the testimony of vulnerable victims and witnesses, such as one-way closed circuit television.

(C)

The Victims and Witnesses Section shall ensure that the witness has been informed before giving evidence that his or her testimony and his or her identity may be disclosed at a later date in another case, pursuant to Rule 75 (F).

(D)

A Chamber shall, whenever necessary, control the manner of questioning to avoid any harassment or intimidation.

(E)

When making an order under paragraph (A) above, a Judge or Chamber shall wherever appropriate state in the order whether the transcript of those proceedings relating to the evidence of the witness to whom the measures relate shall be made available for use in other proceedings before the Tribunal.

(F)

Once protective measures have been ordered in respect of a victim or witness in any proceedings before the Tribunal (the ‘first proceedings’), such protective measures:

(i): shall continue to have effect mutatis mutandis in any other proceedings before the Tribunal (the ‘second proceedings’) unless and until they are rescinded, varied or augmented in accordance with the procedure set out in this Rule; but
(ii): shall not prevent the Prosecutor from discharging any disclosure obligation under the Rules in the second proceedings, provided that the Prosecutor notifies the Defence to whom the disclosure is being made of the nature of the protective measures ordered in the first proceedings.

(G)

A party to the second proceedings seeking to rescind, vary or augment protective measures ordered in the first proceedings must apply:

(i): to any Chamber, however constituted, remaining seised of the first proceedings; or
(ii): if no Chamber remains seised of the first proceedings, to the Chamber seised of the second proceedings.

(H)

Before determining an application under paragraph (G)(ii) above, the Chamber seised of the second proceedings shall obtain all relevant information from the first proceedings, and shall consult with any Judge who ordered the protective measures in the first proceedings, if that Judge remains a Judge of the Tribunal.

(I)

An application to a Chamber to rescind, vary or augment protective measures in respect of a victim or witness may be dealt with either by the Chamber or by a Judge of that Chamber, and any reference in this Rule to ‘a Chamber’ shall include a reference to ‘a Judge of that Chamber’.