In its Rutaganda Decision on Leave to Appeal, the Appeals Chamber also considered the submissions of the Registrar and the Applicant relating to the Applicant’s ability to access to his file whilst in detention at the United Nationa Detention Facility in Arusha (“UNDF”), and held:

pp. 2-3: RECALLING that on 22 January 2009, the Appeals Chamber ordered the Registrar, pursuant to Rule 33(B) of the Tribunal’s Rules of Procedure and Evidence (“Rules”), to make a written submission to the Appeals Chamber explaining whether, at present and until his transfer to a third State, the Applicant continues to have access to the appropriate facilities and the files and documentation required to prepare his appeal against the Decision of 3 April 2008;[1]

CONSIDERING the correspondence from the Applicant to the Commander of the UNDF dated 23 January 2009, wherein the Applicant explains that, in anticipation of his imminent transfer, he packed his documents and therefore, whilst he still has possession of these materials, his access to them is more difficult;[2]

CONSIDERING that on 28 January 2009, the Registrar submitted that the Applicant continues to have access to the appropriate facilities, files, and documentation required to prepare his appeal against the Trial Chamber’s Decision of 3 April 2008;[3]

CONSIDERING therefore that since the Applicant has had continued access to his files, he has failed to demonstrate that for the filing of his appeal he needs additional time until after his transfer to the State in which his sentence is to be served[.]

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CONSIDERING that standby counsel shall have access to the inter partes record of the appeal proceedings in order to prepare for the hearing;