Privileged communication
| Notion(s) | Filing | Case |
|---|---|---|
| Decision on Modalities of Self-Representation - 11.09.2007 |
KRAJIŠNIK Momčilo (IT-00-39-A) |
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33. Privilege stems from the attorney-client relationship, as indicated in Article 21(4)(b) of the Statute and as set forth in Rule 97 of the Rules, which provides that all “communications between lawyer and client shall be regarded as privileged”. Where an accused has opted to self-represent instead of to have counsel represent him, the basis for the privilege is removed. Mr. Krajišnik accordingly has no entitlement to privileged communications. Since the Registry has no obligation to provide him with privileged access to anyone, Mr. Krajišnik has no basis for objecting to the Registry's willingness to provide him with privileged access to up to three designated legal associates. |
ICTR Rule Rule 97 ICTY Rule Rule 97 | |
| Notion(s) | Filing | Case |
| Appeal Judgement - 08.06.2021 |
MLADIĆ Ratko (MICT-13-56-A) |
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98. The Appeals Chamber recalls that, pursuant to Rule 97 of the ICTY Rules, all communications between lawyer and client shall be regarded as privileged, and consequently not subject to disclosure at trial, unless: (i) the client consents to such disclosure; or (ii) the client has voluntarily disclosed the content of the communication to a third party, and that third party then gives evidence of that disclosure. This privilege is vital to the defence of an accused or appellant by allowing for open communication between counsel and client that is necessary for effective legal assistance as guaranteed under Article 21(4)(d) of the ICTY Statute.[1] See also paras. 99-103. Wherein the Appeals Chamber addressed, inter alia, the waiving of lawyer-client privilege when “loud and audible” statements are made by an accused in the courtroom and are overheard by the Prosecution team. [1] See Prosecutor v. Vujadin Popović et al., Case No. IT 05-88-A, Decision on Prosecution Motion for the Appointment of Independent Counsel to Review Material Potentially Subject to Lawyer-Client Privilege, 16 July 2012 (public redacted version) (“Popović et al. Decision of 16 July 2012”), para. 7. |
ICTY Rule Rule 97 | |