Right to an adversarial trial

Notion(s) Filing Case
Appeal Judgement - 04.12.2001 KAYISHEMA & RUZINDANA

80.     […] The Appeals Chamber […] agrees with the opinion expressed by the European Court of Human Rights, that:

“The principle of equality of arms is only one feature of the wider concept of a fair trial, which also includes the fundamental right that criminal proceedings should be adversarial.[…] The right to an adversarial trial means, in a criminal case, that both prosecution and defence must be given the opportunity to have knowledge of and comment on the observations filed and the evidence adduced by the other party. Various ways are conceivable in which national law may secure that this requirement is met. However, whatever method is chosen, it should ensure that the other party will be aware that observations have been filed and will get a real opportunity to comment thereon..”[1]

The adversarial principle under the Statute and the Rules is to the same effect […].

[1] Eur. Court H.R., Decision in Brandstetter v. Austria, 20 August 1991, Series A, No. 211, paras. 66 and 71. See also Eur. Court of HR, Decision in Ruiz-Mateos v. Spain, 23 June 1993, Series A No. 262, para. 63.

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