recounts the background to the amendment to the latter rule and the

Recounts the background to the amendment to the

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recounts the background to the amendment to the latter rule and the jurisprudence of the ad hoc tribunals to support their previous submissions. 27 In particular, the Prosecution asserts that the Defence is wrong to rely on the case of Milutinovic for the proposition that in the absence of sufficient showing of reliability such evidence is inadmissible, since the test for admissibility under Rule 89(C) is relevance only and that issues of reliability and probative value are considered by the Trial Chamber at the end of the trial. 28 II. APPLICABLE LAW 10. The general rules of evidence are contained in Rule 89, which provides: Rule 89: General Provisions (A) The rules of evidence set forth in this Section shall govern the proceedings before the Chambers. The Chambers shall not be bound by national rules of evidence. (B) In cases not otherwise provided for in this Section, a Chamber shall apply rules of evidence which will best favour a fair determination of the matter before it and are consonant with the spirit of the Statute and the general principles of law. (C) A Chamber may admit any relevant evidence. 11. Rule 92 bis is the specific rule relating to alternative proof of facts, that is, proof of facts other than by oral evidence. Rule 92 bis provides: Rule 92 bis : Alternative Proof of Facts ( amended 14 March 2004 and amended 14 May 2007 ) 26 Response, para. 18. 27 Reply, 2-18. 28 Reply, para. 4. Case No. SCSL-03-1-T 6 26 March 2020
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(A) In addition to the provisions of Rule 92 ter , a Chamber may, in lieu of oral testimony, admit as evidence in whole or in part, information including written statements and transcripts, that do not go to proof of the acts and conduct of the accused. (B) The information submitted may be received in evidence if, in the view of the Trial Chamber, it is relevant to the purpose for which it is submitted and if its reliability is susceptible of confirmation. (C) A party wishing to submit information shall give 10 days notice to the opposing party. Objections, if any, must be submitted within 5 days. 12. The recent ruling of the Appeals Chamber, “Decision on ‘Prosecution Notice of Appeal and Submissions Concerning the Decision Regarding the Tender of Documents’” dated 6 February 2009 29 (“Appeals Chamber Decision”), wherein the Appeals Chamber upheld a decision of the Trial Chamber, confirms that: By its express terms, Rule 92 bis applies to information tendered “ in lieu of oral testimony”. These words must be given their ordinary meaning. Documentary evidence, by its very nature, it tendered in lieu of oral testimony. 30 […] […] The procedural scheme established by Rules 89(C) and 92 bis does not allow a party to circumvent the stringency of the latter rule by simply tendering a document under the former. 31 […] […] The consequence of this is that any information that does not go to proof of the acts and conduct of the accused not tendered through a witness, should be submitted under Rule 92 bis if it is sought to be admitted in lieu of oral testimony.
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  • Summer '16
  • Ramon Wawire
  • The Land, Evidence law, Liberia, Sierra Leone, The Trial Chamber

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