112. Neither the Statute nor the Rules of the Tribunal specifically address writs of habeas corpus. However, the Appeals Chamber has already pointed out that the possibility for a detained individual to have recourse to an independent judicial authority for review of the lawfulness of his detention is "well established by the Statute and Rules".[1] This is a fundamental right and is enshrined in international human rights law,[2] which also provides that the right of an individual to challenge the lawfulness of his detention implies that "a writ of habeas corpus must be heard".[3]

113. The Appeals Chamber wishes to confirm the principle which it laid down in the Barayagwiza case: if an accused files a writ of habeas corpus, the Tribunal must hear it and rule upon it without delay, as principal instruments of international human rights law prescribe.[4] If such a writ is filed but not heard, the Chamber will find that a fundamental right of the accused has been violated.