Other party's witness who declined interview

Notion(s) Filing Case
Decision on Communication with Potential Witnesses of Opposite Party - 30.07.2003 MRKŠIĆ Mile
(IT-95-13/1-AR73)

16.     When a person has declined to be interviewed, the Prosecution is entitled to take reasonable steps to persuade the person to reconsider his decision. However, the mere fact that the person has agreed to testify for the Defence does not preclude the Prosecution from interviewing him provided of course that there is no interference with the course of justice. Particular caution is needed where the Prosecution is seeking to interview a witness who has declined to be interviewed by the Prosecution, since in such a case the witness may feel coerced or intimidated.

See also paragraphs 14-15.

Download full document