Access to the case record

Notion(s) Filing Case
Decision on Access to Confidential Material - 22.04.2009 RUTAGANDA George
(ICTR-96-3-R)

In its Rutaganda Decision on Leave to Appeal, the Appeals Chamber also considered the submissions of the Registrar and the Applicant relating to the Applicant’s ability to access to his file whilst in detention at the United Nationa Detention Facility in Arusha (“UNDF”), and held:

pp. 2-3: RECALLING that on 22 January 2009, the Appeals Chamber ordered the Registrar, pursuant to Rule 33(B) of the Tribunal’s Rules of Procedure and Evidence (“Rules”), to make a written submission to the Appeals Chamber explaining whether, at present and until his transfer to a third State, the Applicant continues to have access to the appropriate facilities and the files and documentation required to prepare his appeal against the Decision of 3 April 2008;[1]

CONSIDERING the correspondence from the Applicant to the Commander of the UNDF dated 23 January 2009, wherein the Applicant explains that, in anticipation of his imminent transfer, he packed his documents and therefore, whilst he still has possession of these materials, his access to them is more difficult;[2]

CONSIDERING that on 28 January 2009, the Registrar submitted that the Applicant continues to have access to the appropriate facilities, files, and documentation required to prepare his appeal against the Trial Chamber’s Decision of 3 April 2008;[3]

CONSIDERING therefore that since the Applicant has had continued access to his files, he has failed to demonstrate that for the filing of his appeal he needs additional time until after his transfer to the State in which his sentence is to be served[.]

[1] See Order of 22 January 2009.

[2] See Correspondence from Georges A. N. Rutaganda to the Commander of the UNDF dated 23 January 2009, attached to the Registry’s Submission under Rule 33(B) of the Rules on “Order to the Registrar concerning Georges Rutaganda’s Access to Documents of 22 January 2009”, filed on 28 January 2009 (“Registrar’s Submission”). See also Response of 9 February 2009 [Rutaganda’s Reaction to [the] Registry’s Submission under Rule 33 (B) of the Rules on “Order to the Registrar Concerning Georges Rutaganda’s Access to Documents of 22 January 2009”, 9 February 2009], paras. 3, 6.

[3] Registrar’s Submission, para. 3.

Download full document
Notion(s) Filing Case
Decision re Prosecution Witnesses - 29.01.2016 NIYITEGEKA Eliézer
(MICT-12-16)

10. […] in order to carry out their duties in full, counsel recognized, assigned, or appointed by the Registrar as acting for an accused or convicted person must, in principle, automatically have access to the complete record of the proceedings to which their client is entitled.[1] […]

[1]See Prosecutor v. Augustin Ngirabatware, Case No. MICT-12-29, Decision on Request for Access, 16 September 2015, p. 2, referring to Prosecutor v. Radoslav Brđanin, Case No. MICT-13-48, Decision on Request for Access, 3 August 2015, p. 1; The Prosecutor v. Jean de Dieu Kamuhanda, Case No. MICT-13-33, Decision on Request for Access, 25 June 2015, paras. 11, 14. 

Download full document
Notion(s) Filing Case
Decision on Assignment of Standby Counsel for the Appeal Hearing - 11.10.2017 ŠEŠELJ Vojislav
(MICT-16-99-A)

Page 2

CONSIDERING that standby counsel shall have access to the inter partes record of the appeal proceedings in order to prepare for the hearing;

Download full document