UNITED NATIONS - NATIONS UNIES
International Criminal Tribunal for Rwanda
Tribunal pénal international pour le Rwanda
| FIFTH
PLENARY SESSION 1-8 JUNE 1998 Arusha, Tanzania |
ENGLISH ORIGINAL: ENGLISH & FRENCH |
RULES OF PROCEDURE AND EVIDENCE
- Adopted on 29 June 1995;
- as amended on
15 May 1996,
4 July 1996,
5 June 1997 and
8 June 1998.
Table of Contents
Part One
GENERAL PROVISIONS
Rule 2: Definitions 9
Rule 3: Languages 10
Rule 4: Sittings away from the Seat of the Tribunal 10
Rule 5: Non-compliance with Rules 10
Rule 6: Amendment of the Rules 11
Rule 7: Authentic Texts 11
Rule 7bis: Non Compliance with Obligations 11
Part Two
PRIMACY OF THE TRIBUNAL
Rule 9: Prosecutor's Application for Deferral 12
Rule 10: Formal Request for Deferral 12
Rule 11: Non-compliance with a Formal Request for Deferral 13
Rule 12: Determinations of Courts of any State 13
Rule 13: Non Bis in Idem 13
Part Three
ORGANISATION OF THE TRIBUNAL
Section 1: The Judges
Rule 14bis* 14
Rule 15: Disqualification of Judges* 14
Rule 16: Resignation 15
Rule 17: Precedence 15
Section 2: The Presidency
Rule 19: Functions of the President 16
Rule 20: The Vice-President 16
Rule 21: Functions of the Vice-President 16
Rule 22: Replacements 16
Section 3: Internal Functioning of the Tribunal
Rule 24: Plenary Meetings of the Tribunal 17
Rule 25: Dates of Plenary Meetings 17
Rule 26: Quorum and Vote 17
Section 4: The Chambers
Rule 28: Duty Judges 18
Rule 29: Deliberations 18
Section 5: The Registrar
Rule 31: Appointment of the Deputy Registrar and Registry Staff 19
Rule 32: Solemn Declaration 19
Rule 33: Functions of the Registrar 19
Rule 34: Victims and Witnesses Support Unit* 19
Rule 35: Minutes 20
Rule 36: Record Book 20
Section 6: The Prosecutor
Rule 38: Deputy Prosecutor 21
Part Four
INVESTIGATIONS AND RIGHTS OF SUSPECTS
Section 1: Investigations
Rule 40: Provisional Measures 22
Rule 40 bis: Transfer and Provisional Detention of Suspects* 23
Rule 41: Preservation of Information 24
Rule 42: Rights of Suspects during Investigation 24
Rule 43: Recording Questioning of Suspects 24
Section 2: Of Counsel
Rule 44 bis: Duty Counsel* 26
Rule 45: Assignment of Counsel* 26
Rule 45 bis: Detained Persons 27
Rule 46: Misconduct of Counsel* 27
Part Five
PRE-TRIAL PROCEEDINGS
Section 1: Indictments
Rule 48: Joinder of Accused 29
Rule 49: Joinder of Crimes 29
Rule 50: Amendment of Indictment* 29
Rule 51: Withdrawal of Indictment* 29
Rule 52: Public Character of Indictment 30
Rule 53: Non-disclosure 30
Section 2: Orders and Warrants
Rule 55: Execution of Arrest Warrants* 31
Rule 56: Co-operation of States 31
Rule 57: Procedure after Arrest 32
Rule 58: National Extradition Provisions 32
Rule 59: Failure to Execute a Warrant of Arrest or Transfer Order 32
Rule 60: Publication of Indictment* 32
Rule 61: Procedure in Case of Failure to Execute a Warrant of Arrest* 32
Rule 62: Initial Appearance of Accused* 33
Rule 63: Questioning of the Accused* 34
Rule 64: Detention on Remand 34
Rule 65: Provisional Release* 34
Rule 65 bis: Status Conferences* 35
Section 3: Production of Evidence
Rule 67: Reciprocal Disclosure of Evidence* 36
Rule 68: Disclosure of Exculpatory Evidence 37
Rule 69: Protection of Victims and Witnesses* 37
Rule 70: Matters not Subject to Disclosure 37
Section 4: Depositions
Section 5: Preliminary Motions
Part Six
PROCEEDINGS BEFORE TRIAL CHAMBERS
Section 1: General Provisions
Rule 73 bis: Pre-Trial Conference* 41
Rule 73 ter: Pre-Defence Conference* 42
Rule 74: Amicus Curiae 43
Rule 74 bis: Medical examination of the accused* 43
Rule 75: Measures for the Protection of Victims and Witnesses 43
Rule 76: Solemn Declaration by Interpreters and Translators 44
Rule 77: Contempt of the Tribunal 44
Rule 78: Open Sessions 44
Rule 79: Closed Sessions* 44
Rule 80: Control of Proceedings* 44
Rule 81: Records of Proceedings and Preservation of Evidence 45
Section 2: Case Presentation
Rule 83: Instruments of Restraint 46
Rule 84: Opening Statements 46
Rule 85: Presentation of Evidence* 46
Rule 86: Closing Arguments* 47
Rule 87: Deliberations* 47
Rule 88: Judgement 47
Section 3: Rules of Evidence
Rule 90: Testimony of Witnesses* 48
Rule 90 bis: Transfer of a Detained Witness 49
Rule 91: False Testimony under Solemn Declaration* 49
Rule 92: Confessions 50
Rule 93: Evidence of Consistent Pattern of Conduct 50
Rule 94: Judicial Notice 50
Rule 94 bis: Testimony of Expert Witnesses* 50
Rule 95: Exclusion of Evidence on the Grounds of the Means by which it was Obtained 51
Rule 96: Rules of evidence in Cases of Sexual Assault* 51
Rule 97: Lawyer-Client Privilege 51
Rule 98: Power of Chambers to Order Production of Additional Evidence* 51
Rule 98 bis: Motion for Judgement of Acquittal* 52
Section 4: Sentencing Procedure
Rule 100: Sentencing Procedure on a Guilty Plea* 53
Rule 101: Penalties* 53
Rule 102: Status of the Convicted Person* 53
Rule 103: Place of Imprisonment 54
Rule 104: Supervision of Imprisonment 54
Rule 105: Restitution of Property 54
Rule 106: Compensation to Victims 55
Part Seven
APPELLATE PROCEEDINGS
Rule 108: Notice of Appeal 56
Rule 109: Record on Appeal 56
Rule 110: Copies of Record on Appeal 56
Rule 111: Appellant's Brief* 56
Rule 112: Respondent's Brief* 57
Rule 113: Brief in Reply 57
Rule 114: Date of Hearing 57
Rule 115: Additional Evidence 57
Rule 116: Extension of Time-Limits 57
Rule 117: Expedited Appeals Procedure 57
Rule 118: Judgement on Appeal 58
Rule 119: Status of the Accused Following Judgement on Appeal 58
Part Eight
REVIEW PROCEEDINGS
Rule 121: Preliminary Examination 59
Rule 122: Appeals 59
Rule 123: Return of the Case to the Trial Chamber 59
Part Nine
PARDON AND COMMUTATION OF SENTENCE
Rule 125: Determination by the President 60
Rule 126: General Standards for Granting Pardon or Commutation 60
Part One
GENERAL PROVISIONS
Rule 1: Entry into Force
These Rules of Procedure and Evidence, adopted pursuant to Article 14 of the Statute of the Tribunal, shall come into force on 29 June 1995.
Rule 2: Definitions
(A) In the Rules, unless the context otherwise requires, the following terms shall mean:
Rules: The Rules referred to in Rule 1;
Statute: The Statute of the Tribunal adopted by Security Council resolution 955 of 8 November 1994;
Tribunal: The International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for Genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994, established by Security Council resolution 955 of 8 November 1994.
* * *
Accused*: A person against whom one or more counts in an indictment have been confirmed in accordance with Rule 47;
Arrest*: The act of taking a suspect or an accused into custody pursuant to a warrant of arrest or under Rule 40;
Bureau: A body composed of the President, the Vice-President and the more senior Presiding Judge of the Trial Chambers;
Investigation*: All activities undertaken by the Prosecutor under the Statute and the Rules for the collection of information and evidence, whether before or after confirmation of an indictment;
Party: The Prosecutor or the accused;
President: The President of the Tribunal;
Prosecutor: The Prosecutor designated pursuant to Article 15 of the Statute;
Regulations*: The provisions framed by the Prosecutor pursuant to Rule 37(A) for the purpose of directing the functions of the Office of the Prosecutor;
Suspect: A person concerning whom the Prosecutor possesses reliable information which tends to show that he may have committed a crime over which the Tribunal has jurisdiction;
Transaction: A number of acts or omissions whether occurring as one event or a number of events, at the same or different locations and being part of a common scheme, strategy or plan;
Victim: A person against whom a crime over which the Tribunal has jurisdiction has allegedly been committed.
(B) In the Rules, the masculine shall include the feminine and the singular the plural, and vice-versa.
Rule 3: Languages
(A) The working languages of the Tribunal shall be English and French.
(B) The accused shall have the right to use his own language.
(C) Counsel for the accused may apply to a Judge or a Chamber for leave to use a language other than the two working ones or the language of the accused. If such leave is granted, the expenses of interpretation and translation shall be borne by the Tribunal to the extent, if any, determined by the President, taking into account the rights of the defence and the interests of justice.
(D) Any other person appearing before the Tribunal, who does not have sufficient knowledge of either of the two working languages, may use his own language.
(E) The Registrar shall make any necessary arrangements for interpretation and translation of the working languages.
Rule 4: Sittings away from the Seat of the Tribunal
A Chamber or a Judge may exercise their functions away from the Seat of the Tribunal, if so authorised by the President in the interests of justice.
Rule 5: Non-compliance with Rules
(A) Where an objection on the ground of non-compliance with the Rule of Regulations is raised by a party at the earliest opportunity, the Trial Chamber shall grant relief, if it finds that the alledged non-compliance is proved and that it has caused material prejudice to that party.
(B) Where such an objection is raised otherwise than at the earliest opportunity, the Trial Chamber may in its discretion grant relief, if it finds that the alleged non-compliance is proved and that it has caused material prejudice to the objection party.
(C) The relief granted by a Trial Chamber under this Rule shall be such remedy as the Trial Chamber considers appropriate to ensure consistency with fundamental principles of fairness.
Rule 6: Amendment of the Rules
(A) Proposals for amendment of the Rules may be made by a Judge, the Prosecutor or the Registrar and shall be adopted, if agreed to by not less than seven Judges at a Plenary Meeting of the Tribunal convened with notice of the proposal addressed to all Judges.
(B) An amendment of the Rules may be adopted otherwise than as stipulated in Sub-Rule (A) above, provided it is approved unanimously by any appropriate means either done in writing or confirmed in writing.
(C) An amendment shall enter into force immediately, but shall not operate to prejudice the rights of the accused in any pending case.
Rule 7: Authentic Texts
The English and French texts of the Rules shall be equally authentic. In case of discrepancy, the version which is more consonant with