Seeking authorization for obtaining written statements of a potential witness

Notion(s) Filing Case
Decision on Further Investigations - 20.06.2006 NAHIMANA et al. (Media case)

15. […] Also, the Appeals Chamber considers that the Appellant’s Counsel does not need the Appeals Chamber’s authorization or an order from the Appeals Chamber to obtain a statement from Jean-Bosco Barayagwiza. In this regard, the Appeals Chamber notes the Appellant’s submission that Jean-Bosco Barayagwiza is prepared to provide a written statement to him,[1] as well as the fact that Jean-Bosco Barayagwiza is a detainee in the United Nations Detention Facility in Arusha, not subject to any restrictive or protective measures that would preclude the Appellant’s Counsel from taking a statement from him. Furthermore, the Appeals Chamber notes that the Appellant submits that taking the statement from Jean-Bosco Barayagwiza would not result in any expenses for the Registry of the Tribunal.

27. The Appeals Chamber first notes […] that generally, no authorization is needed for the Appellant’s Counsel to contact potential witnesses with the view of obtaining written statements from them, unless any such witnesses are subject to specific protective measures. Since the Appellant neither requests any funding from the Registry of the International Tribunal for such “further investigation” nor justifies why his Counsel would be unable to collect such information on his behalf without intervention of the Appeals Chamber, there was no reason for the Appellant to seize the Appeals Chamber with such request at this stage.

[1] [First Motion], para. 1.

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