Evidence of unavailable persons
| Notion(s) | Filing | Case |
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| Appeal Judgement - 31.05.2023 |
STANIŠIĆ & SIMATOVIĆ (MICT-13-96-A) |
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294. The Appeals Chamber recalls that, in line with Rule 112 of the Rules, the evidence of a person who is objectively unable to testify before a trial chamber may be admitted in written form even if the evidence goes directly to the accused’s acts and conduct.[1] Furthermore, corroboration is not a requirement for admission of evidence under this Rule, but rather goes to the reliability of the evidence and whether, once admitted, it will be relied upon to support a conviction.[2] If such evidence is to support a conviction, it must be corroborated.[3] See also related excerpts to the Notion “Statement under Rule 92 quarter ICTY”. [1] See Popović et al. Appeal Judgement, para. 1222; Lukić and Lukić Appeal Judgement, para. 565. See, mutatis mutandis, Rule 92 quater of the ICTY Rules. [2] See Popović et al. Appeal Judgement, para. 1222; Prosecutor v. Vujadin Popović et al., Case No. IT-05-88-T, Decision on Motion on Behalf of Drago Nikolić Seeking Admission of Evidence Pursuant to Rule 92 Quater, 18 December 2008 (confidential; public redacted version filed on 19 February 2009), para. 47. [3] See Popović et al. Appeal Judgement, para. 1222; Lukić and Lukić Appeal Judgement, para. 570. Whether untested evidence is sufficiently corroborated is a fact-specific inquiry and varies from case to case. The Appeals Chamber has declined to impose any specific legal requirement as to the source of the corroboration. See Haraqija and Morina Appeal Judgement, para. 62. |
IRMCT Rule Rule 112 | |