| AMENDMENTS TO THE RULES OF PROCEDURE AND EVIDENCE
By decision of the extraordinary plenary
session of the International Tribunal
held on 29 March 2006, Rule 15 bis is
amended and a new Rule 15 ter is
introduced.
Pursuant to Rule 6 (D), these amendments
shall enter into force seven days after
the date of issue of this official
document, i.e., on 6 April 2006.
Document IT/32/Rev. 37 incorporating
these amendments will be issued in
both languages as soon as possible.
The full texts of the amended Rules
are set out in the Annex to this document,
in which the substantive amendments
have been highlighted.
______________
Carmel Agius
Judge
Chair of the Rules Committee
Dated this 30th day of March 2006
At The Hague
The Netherlands
ANNEX
Rule 15 bis
Absence of a Judge
(A) If
(i) a Judge is, for illness or other
urgent personal reasons, or for reasons
of authorised Tribunal business, unable
to continue sitting in a part-heard
case for a period which is likely to
be of short duration, and
(ii) the remaining Judges of the Chamber
are satisfied that it is in the interests
of justice to do so,
those remaining Judges of the Chamber
may order that the hearing of the case
continue in the absence of that Judge
for a period of not more than five
working days.
(B) If
(i) a Judge is, for illness or urgent
personal reasons, or for reasons of
authorised Tribunal business, unable
to continue sitting in a part-heard
case for a period which is likely to
be of short duration, and
(ii) the remaining Judges of the Chamber
are not satisfied that it is in the
interests of justice to order that
the hearing of the case continue in
the absence of that Judge, then
(a) those remaining Judges of the
Chamber may nevertheless conduct those
matters which they are satisfied it
is in the interests of justice that
they be disposed of notwithstanding
the absence of that Judge, and
(b) the remaining Judges of the
Chamber Presiding Judge may
adjourn the proceedings.
(C) If, by reason of death,
illness, resignation from the Tribunal,
or non-reelection, a Judge
is, for any reason, unable to continue
sitting in a part-heard case for
a period which is likely to be longer
than of a short duration, the remaining
Judges of the Chamber Presiding
Judge shall report to the
President who may assign another
Judge to the case and order either
a rehearing or continuation of the
proceedings from that point. However,
after the opening statements provided
for in Rule 84, or the beginning
of the presentation of evidence pursuant
to Rule 85, the continuation
of the proceedings can only be ordered
with the consent of all the
accused, except as provided for in
paragraphs (D) and (G).
(D) If, in the circumstances mentioned
in the last sentence of paragraph (C), the an accused
withholds his consent, the remaining
Judges may nonetheless decide whether
or not to continue the proceedings
before a Trial Chamber with a substitute
Judge if, taking all the circumstances
into account, they determine unanimously
that doing so would serve the interests
of justice. This decision is subject
to appeal directly to a full bench
of the Appeals Chamber by either party.
If no appeal is taken from the decision
to continue proceedings with a substitute
Judge or the Appeals Chamber affirms the that decision of
the Trial Chamber, the President
shall assign to the existing bench
a Judge, who, however, can join the
bench only after he or she has certified
that he or she has familiarised himself
or herself with the record of the proceedings.
Only one substitution under this paragraph
may be made.
(E) For the purposes of paragraphs
(C) and (D), due consideration shall
be given to paragraph 6 of Article
12 of the Statute.
(FE) Appeals
under paragraph (D) shall be filled
within seven days of filing of the
impugned decision. When such decision
is rendered orally, this time-limit
shall run from the date of the oral
decision, unless
(i) the party challenging the decision
was not present or represented when
the decision was pronounced, in which
case the time-limit shall run from
the date on which the challenging party
is notified of the oral decision; or
(ii) the Trial Chamber has indicated
that a written decision will follow,
in which case, the time-limit shall
run from the filing of the written
decision.
(G) If, in a trial where a reserve
Judge has been assigned in accordance
with Rule 15 ter, a Judge
is unable to continue sitting and
a substitute Judge is not assigned
pursuant to paragraphs (C) or (D),
the trial shall continue with the
reserve Judge replacing the Judge
who is unable to continue sitting.
(HF) In case
of illness or an unfilled vacancy or
in any other similar circumstances,
the President may, if satisfied that
it is in the interests of justice to
do so, authorise a Chamber to conduct
routine matters, such as the delivery
of decisions, in the absence of one
or more of its members.
Rule 15 ter
Reserve Judges
(A) The President may, in the interests
of justice, assign a reserve Judge
to sit with a Trial Chamber in a
trial.
(B) A reserve Judge shall be present
at each stage of a trial to which
that Judge has been assigned.
(C) A reserve Judge may pose questions,
through the Presiding Judge, which
are necessary to the reserve Judge’s
understanding of the trial.
(D) A reserve Judge shall be present,
but shall not vote, during any deliberations
in a trial.
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