No discretion of the Trial Chamber

Notion(s) Filing Case
Decision on Reconsideration - 01.12.2006 KAREMERA et al.

      At paras 24-26, the Appeals Chamber recalled its previous finding that a Trial Chamber has no    discretion to order that a fact of common knowledge be proved at trial:

That the Trial Chamber has no discretion to rule that a fact of common knowledge must be proved through evidence at trial. This determination was based on an interpretation of Rule 94(A) of the Rules. Such discretion only exists for matters of judicial notice which fall within the ambit of Rule 94(B) of the Rules, that is, adjudicated facts or documentary evidence from other proceedings of the Tribunal.

At para. 27, The Appeals Chamber emphasised:

The practice of judicial notice must not be allowed to circumvent the presumption of    innocence and the defendant’s right to a fair trial. Thus, it is always necessary for Trial  Chambers to take a careful consideration of the procedural rights of the accused.

Consequently, it reiterated that judicially noticed facts do not relieve the Prosecution of its burden of proof.

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ICTR Rule Rule 94 ICTY Rule Rule 94