Prosecution v. Defence witnesses

Notion(s) Filing Case
Appeal Judgement - 19.03.2019 KARADŽIĆ Radovan

252.  […] Rule 75(A) of the ICTY Rules provides that a trial chamber may order appropriate measures for the privacy and protection of victims and witnesses, provided that the measures are consistent with the rights of the accused, whereas Rule 75(F)(i) of the ICTY Rules requires a chamber to apply the protective measures ordered in prior ICTY proceedings mutatis mutandis to the proceeding before it unless and until they are rescinded, varied, or augmented.[1] Given these materially distinct considerations, the Trial Chamber’s continuation of protective measures for Prosecution witnesses pursuant to Rule 75(F)(i) of the ICTY Rules has no bearing on the exercise of its discretion in denying protective measures to Defence witnesses under Rule 75(A) of the ICTY Rules. […]

[1] [Footnote omitted].

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ICTY Rule Rule 75