Material supporting allegations of bias

Notion(s) Filing Case
Decision on Assessment of Competencies - 05.05.2009 KAREMERA et al.

11. Mr. Nzirorera has not filed a request to disqualify Judge Byron in accordance with Rule 15(B) of the Rules. Rather, he sought disclosure of material directly from the concerned Trial Chamber in order to assess the merits of making such a claim.[1] While the Statute and Rules do not explicitly provide for the disclosure of material from a Judge in connection with a request for disqualification, they also do not prevent a party from requesting disclosure of information in this regard. The Appeals Chamber recalls that a presumption of impartiality, which cannot be easily rebutted, attaches to the Judges of the Tribunal.[2] Bearing this in mind, a request for disclosure must specifically identify the material or information in the possession of the Judge and make a prima facie showing that it would demonstrate actual bias or the appearance of bias.

[1] Impugned Decision [The Prosecutor v. Édouard Karemera et al., Case No. ICTR-98-44-T, Decision on Joseph Nzirorera’s Motion for Disclosure of Letter of Recommendation, 11 February 2009], para. 3.

[2] Nahimana et al. Appeal Judgement, para. 48.

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