Admissibility of rebuttal evidence

Notion(s) Filing Case
Decision on Rebuttal Material - 13.12.2006 NAHIMANA et al. (Media case)
(ICTR-99-52-A)

7. Rule 115(A) of the Rules provides that rebuttal material may be presented by any party affected by a motion to present additional evidence before the Appeals Chamber. The Appeals Chamber recalls that rebuttal material is admissible if it directly affects the substance of the additional evidence admitted by the Appeals Chamber[1] and, as such, has a different test of admissibility from additional evidence under Rule 115 of the Rules.[2] […]

[1] [Confidential Decision on Motions Relating to the Appellant Hassan Ngeze’s and the Prosecution’s Requests for Leave to Present Additional Evidence of Witnesses ABC1 and EB, 27 November 2006], para. 42 [see Public Redacted Version filed on 1 December 2006]; Prosecutor v. Ramush Haradinaj et al., Case No. IT-04-84-AR65.2, Decision on Lahi Brahimaj’s Request to Present Additional Evidence Under Rule 115, 3 March 2006 (“Haradinaj Decision”), para. 44; Prosecutor v. Miroslav Kvočka et al., Case No. IT-98-30/1-A, Decision on Prosecution’s Motion to Adduce Rebuttal Material, 12 March 2004 (“Kvočka Decision”), p. 3; The Prosecutor v. Tihomir Blaškić, Case No. IT-95-14-A, Decision on Evidence, 31 October 2003, p. 5.

[2] Decision of 27 November 2006, para. 42; Haradinaj Decision, para. 44; Kvočka Decision, p. 3.

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ICTR Rule Rule 115 ICTY Rule Rule 115
Notion(s) Filing Case
Decision on Additional Evidence - 01.12.2006 NAHIMANA et al. (Media case)
(ICTR-99-52-A)

42. The Appeals Chamber finds that it is in the interests of justice to examine proprio motu whether the material tendered by the Prosecution in its Motion of 7 September 2006 can be admitted as rebuttal evidence on appeal. It has been well established by the jurisprudence that rebuttal material is admissible if it directly affects the substance of the additional evidence admitted by the Appeals Chamber[1] and, as such, has a different test of admissibility from additional evidence under Rule 115 of the Rules.[2] In light of its findings above with respect to the admissibility of the Additional Statement, the Appeals Chamber finds that copies of envelopes in which the copies of the Additional Statement were purportedly sent to various addressees within the Office of the Prosecutor are directly relevant to the issue of the authenticity of the Additional Statement and a fortiori that of the Recantation Statement. Therefore, the Appeals Chamber is satisfied that the proffered material affects the substance of the admitted additional evidence and is thus admissible as rebuttal evidence on appeal.

[1] Prosecutor v. Ramush Haradinaj et al., Case No. IT-04-84-AR65.2, Decision on Lahi Brahimaj’s Request to Present Additional Evidence under Rule 115, 3 March 2006 (“Haradinaj Decision”), para. 44; Prosecutor v. Miroslav Kvočka et al., Case No. IT-98-30/1-A, Decision on Prosecution’s Motion to Adduce Rebuttal material, 12 March 2004 (“Kvočka Decision”), p. 3; The Prosecutor v. Tihomir Blaškić, Case No. IT-95-14-A, Decision on Evidence, 31 October 2003, p. 5.

[2] Haradinaj Decision, para. 44; Kvočka Decision, p. 3.

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ICTR Rule Rule 115 ICTY Rule Rule 115