19 December 1997

STATEMENT BY JUSTICE LOUISE ARBOUR, PROSECUTOR
 "PROFESSIONAL ETHICS AND FAIRNESS TO THE ACCUSED ARE PARAMOUNT"

Upon a thorough review of the cases against four accused, I decided to request the Chambers to grant me leave to withdraw the indictments against each of them.

  These indictments were confirmed by a Judge on 10 November 1995. Between then and 6 October 1997, when three of the accused voluntarily surrendered, it was impossible to predict if and when these cases would have to be made ready for trial

  The standard of proof under which the Prosecutor presents an indictment for confirmation is expressed in Rule 47 as "reasonable grounds for believing that a suspect has committed a crime within the jurisdiction of the Tribunal".

   This is a well known formulation of a standard justifying arrest and pre-trial detention in many domestic jurisdictions. Following confirmation of an indictment by a Judge, further investigations, which may include access to information provided by the Defence, may be required to assist in the preparation of the case for trial. At any time in this continuing investigation process, if the Prosecutor becomes satisfied that any one of the charges cannot be proven "beyond reasonable doubt", which is the standard at trial, it is incumbent on the Prosecutor to withdraw those charges.

  The decision to withdraw a count or a full indictment is part of the proper exercise of prosecutorial discretion.
 
  In the end, the interests of justice, professional ethics and fairness to the accused, particularly in the case of accused in detention, are paramount.