Affidavit from the Prosecution

Notion(s) Filing Case
Decision on Motions - 26.09.2000 BLAŠKIĆ Tihomir

43. The Appellant submits that the Appeals Chamber should order the Prosecution to submit a signed, sworn affidavit to certify that it is aware of its continuing obligations under sub-Rule 66 (A) (ii) and Rule 68 and has produced to the Appellant all material requested […].

45. This type of order is one that should only be made by a Chamber in very rare instances.  The Prosecution is expected to fulfil its duties in good faith.  This has been acknowledged in the document known as the Standards of Professional Conduct for Prosecution Counsel, issued by the Chief Prosecutor on 14 September 1999.  Only where the Defence can satisfy a Chamber that the Prosecution has failed to discharge its obligations should an order of the type sought be contemplated. 

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ICTR Rule Rule 66(A)(ii)
Rule 68
ICTY Rule Rule 66(A)(ii)
Rule 68