Right of cross-examination
|Decision on Interlocutory Appeal - 04.07.2006||
PRLIĆ et al.
Decision, pp. 2-3:
Article 21(4) of the Statute of the Tribunal provides the right to cross-examine a witness, which is recognised as a basic element under international human rights law. Additionally, the Trial Chamber has control over the examination of witnesses in the Tribunal under Rule 90(F) of the Rules. The precedent of the Tribunal has given the Trial Chamber “considerable discretion” in guiding this right of the Defence.
 Article 14(3)(e) International Covenant on Civil and Political Rights; article 6(3)(d) European Convention on Human Rights; article 8(2)(f) American Convention on Human Rights; see also e.g. Human Rights Committee General Comment No. 13 of 1984, para. 12; Peart and Peart v. Jamaica, Human Rights Committee, Communication No. 482/199 1, UN Doc. CCPR/C/54/D/482/1991, 24 July 1995, paras. 1 1.4-11.5; Saidi v. France, European Court of Human Rights, Application No. 1933/1992, Judgement, 23 August 1993, paras. 43-44; van Mechelen v. The Netherlands, European Court of Human Rights, Application No. 55/1996, Judgement, 18 March 1997, para. 51; Krasniki v. The Czech Republic, European Court of Human Rights, Application No. 51277/99, Judgement, 28 February 2006, para. 75; Kostovski v. The Netherlands, European Court of Human Rights, Application No. 1145/85, Judgement, 20 November 1989, para. 41; P.S. v. Germany, European Court of Human Rights, Application No. 33900/96, Judgement, 20 December 200 1, para. 2 1.  Decision, p. 2, see also Milosević v. Prosecutor, Case No. IT-02-54-AR73.7, Decision on Interlocutory Appeal of the Trial Chamber's Decision on the Assignment of Defence Counsel, I November 2004 ("Milosević Decision on the Assignment of Defence Counsel") para. 9; Prosecutor v. Zdravko Tolimir, Radivoje Miletić & Milan Gvero, Case No. IT-04-80-AR73. 1, Decision on Radivoje Miletićs Interlocutory Appeal Against the Trial Chamber's Decision on Joinder of accused, 27 January 2006 ("Decision on Radivoje Miletić's Interlocutory Appeal") para. 4.
|ICTR Statute Article 20(4)(e) ICTY Statute Article 21(4)(e) ICTR Rule Rule 90(F) ICTY Rule Rule 90(F)|