Rule 92 bis Admission of Written Statements and Transcripts in Lieu of Oral Testimony

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 Trial Chamber may dispense with the attendance of a witness in person, and instead admit, in whole or in part, the evidence of a witness in the form of a written statement or a transcript of evidence, which was given by a witness in proceedings before the Tribunal, in lieu of oral testimony which goes to proof of a matter other than the acts and conduct of the accused as charged in the indictment.

(i)

Factors in favour of admitting evidence in the form of a written statement or transcript include but are not limited to circumstances in which the evidence in question:

(a): is of a cumulative nature, in that other witnesses will give or have given oral testimony of similar facts;
(b): relates to relevant historical, political or military background;
(c): consists of a general or statistical analysis of the ethnic composition of the population in the places to which the indictment relates;
(d): concerns the impact of crimes upon victims;
(e): relates to issues of the character of the accused; or
(f): relates to factors to be taken into account in determining sentence.

(ii)

Factors against admitting evidence in the form of a written statement or transcript include but are not limited to whether:

(a): there is an overriding public interest in the evidence in question being presented orally;
(b): a party objecting can demonstrate that its nature and source renders it unreliable, or that its prejudicial effect outweighs its probative value; or
(c): there are any other factors which make it appropriate for the witness to attend for cross-examination.

(B)

If the Trial Chamber decides to dispense with the attendance of a witness, a written statement under this Rule shall be admissible if it attaches a declaration by the person making the written statement that the contents of the statement are true and correct to the best of that person's knowledge and belief and

(i)

the declaration is witnessed by:

(a): a person authorised to witness such a declaration in accordance with the law and procedure of a State; or
(b): a Presiding Officer appointed by the Registrar of the Tribunal for that purpose; and

(ii)

the person witnessing the declaration verifies in writing:

(a): that the person making the statement is the person identified in the said statement;
(b): that the person making the statement stated that the contents of the written statement are, to the best of that person's knowledge and belief, true and correct;
(c): that the person making the statement was informed that if the content of the written statement is not true then he or she may be subject to proceedings for giving false testimony; and
(d): the date and place of the declaration.

The declaration shall be attached to the written statement presented to the Trial Chamber.

(C)

The Trial Chamber shall decide, after hearing the parties, whether to require the witness to appear for cross-examination; if it does so decide, the provisions of Rule 92 ter shall apply.