Privileged communication

Notion(s) Filing Case
Decision on Modalities of Self-Representation - 11.09.2007 KRAJIŠNIK Momčilo
(IT-00-39-A)

33. Privilege stems from the attorney-client relationship, as indicated in Article 21(4)(b) of the Statute and as set forth in Rule 97 of the Rules, which provides that all “communications between lawyer and client shall be regarded as privileged”. Where an accused has opted to self-represent instead of to have counsel represent him, the basis for the privilege is removed.  Mr. Krajišnik accordingly has no entitlement to privileged communications. Since the Registry has no obligation to provide him with privileged access to anyone, Mr. Krajišnik has no basis for objecting to the Registry's willingness to provide him with privileged access to up to three designated legal associates.

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ICTR Rule Rule 97 ICTY Rule Rule 97