Right of an accused

Notion(s) Filing Case
Decision on Rule 92 bis Evidence - 01.07.2010 PRLIĆ et al.

20. Rule 82(A) of the Rules provides that “[i]n joint trials, each accused shall be accorded the same rights as if such accused were being tried separately”. However, as the Appeals Chamber previously held, it “does not accept that Rule 82(A) bars in abstracto any difference of treatment between accused in a joint trial and those in separate trials”.[1] While a Trial Chamber is obliged to ensure the rights of the accused under Article 21 of the Statute, it is not imperative that the protection of such rights be identical in a separate and in a joint trial.[2] Accordingly, Rule 82(A) of the Rules does not prohibit a Trial Chamber from taking into account a proper balance among all the co-accused in managing the trial proceedings of a multiple accused case, insofar as such a consideration does not result in prejudice to one or more co-accused.[3]

[1] Prosecutor v. Vujadin Popović et al., Case No. IT-05-88-AR73.1, Decision on Appeals Against Decision Admitting Material Related to Borovčanin’s Questioning, 14 December 2007 (“Popović et al. Appeal Decision of 14 December 2007”), para. 45.

[2] Popović et al. Appeal Decision of 14 December 2007, para. 43.

[3] See Popović et al. Appeal Decision of 14 December 2007, para. 43, referring to Prosecutor v. Ante Gotovina and Prosecutor v. Ivan Čermak and Mladen Markač, Case Nos. IT-01-45-AR73.1, IT-03-73-AR73.1 and IT-03-73-AR73.2, Decision on Interlocutory Appeals against the Trial Chamber’s Decision to Amend the Indictment and for Joinder, 25 October 2006, para. 17. Cf. Prosecutor v. Jadranko Prlić et al., Case No. IT-04-74-AR73.12, Decision on Slobodan Praljak’s Appeal of the Trial Chamber’s 13 October 2008 Order Limiting the Translation of Defence Evidence, 5 December 2008 (“Prlić et al. Appeal Decision of 5 December 2008”), paras 18-20.

Download full document
ICTR Rule Rule 82(A) ICTY Rule Rule 82(A)