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Tag Archives: disclosure
ICC: Kenya: A Victim of Post-Election Violence Seeks Domestic Prosecutions
2010-09-28, Nairobi, Kenya. Mr Kepha Mwembi filed a motion seeking an order forcing a former Chairman of the Commission of Inquiry into the Post-Election Violence, Mr. Justice Philip Waki, to disclose the names of persons who, the Commission found, were responsible for the post-election violence in Kenya. The suit names Mr Justice Waki, who is a [...]
Posted in Domestic Courts, ICC Also tagged Attorney General, Chairman, Commission of Inquiry into the Post-Election Violence, Commissioner of Police, crimes against humanity, criminal proceedings, genocide, Kenya, Kepha Mwembi, motion, murder, Nairobi, Philip Waki, post-election violence, rape, Wamuti Ndegwa Comments closed
ICC: Lubanga: AC Suspends the Trial Chamber's Order to Release the Accused from Custody
2010-07-23, The Hague, The Netherlands. The ICC’s Appeals Chamber suspended the application of the decision of the Trial Chamber I to release the accused as a result of an uncondition stay of proceedings: In the view of the Appeals Chamber, an immediate implementation of the order to release him could render the resumption of the [...]
Posted in ICC Also tagged abuse of process, Forces patriotiques pour la libération du Congo, ICC-CPI-20100723-PR564, intermediary 143, Patriotic Forces for the Liberation of Congo, release of the accused, stay of proceedings, suspensive effect, Thomas Lubanga, Thomas Lubanga Dyilo, unconditional stay on the proceedings Comments closed
ICC: OTP Intermediaries to Be Disclosed to the Defence
2010-06-02, The Hague, The Netherlands. Judges ordered the OTP to provide the Defence with the details of the professional background of intermediaries. The Chamber rejected the OTP’s suggestion to examine the intermediaries in the absence of both parties, and to hear evidence about selection of intermediaries from the “appropriate representative”. The Chamber found that both [...]
Posted in ICC Also tagged Adrian Fulford, appropriate representative, Article 63, Article 64, Article 67, Article 69, Catherine Mabille, Curriculum vitae, cv, Decision on Intermediaries, Elizabeth Odio Benito, ex parte, examination, exculpatory evidence, fair trial, false evidence, Fatou Bensouda, ICC Statute, ICC-01/04-01/06, identities, incriminating evidence, intermediaries, intermediary 143, intermediary 23, intermediary 316, intermediary 321, Jean-Marie Biju-Duval, Luis Moreno-Ocampo, misused of position, prima facie grounds, professional background, Redacted, Rene Blattmann, resume, Rome Statute, Rule 11, Rule 81, Rule 83, Rule 84, Rule 87, Rules of Procedure and Evidence, Thomas Lubanga Dyilo, threshold, witness intimidation, witness statement, witnesses Comments closed
ICTY: Karadzic: Chamber Forces Germany to Disclose Documents re its and UN’s Roles in Smuggling of Weapons into Srebrenica
2010-05-19, The Hague, The Netherlands. The Trial Chamber granted, in part, Karadzic’s motion to order Germany to produced documents related to participation of the U.S., German and UN personnel in smuggling of arms into Srebrenica between 1994 and 1995. Statement of Law. The Chamber held that in order to be successful, the motion for an [...]
Posted in ICTY Also tagged Alan Tieger, arms, Article 29, Bundesnachrichtendienst, Christoph von Bezold, Embassy of Germany, Federal Intelligence Service, Flavia Lattanzi, Germany, Government of Germany, Hildegard Uertz-Retzlaff, hostage-taking, Howard Morrison, IT-95-5/18-T, Melville Baird, motion, necessary, O-Gon Kwon, Parlamentarische Kontrollkommission, peacekeepers, production of documents, Radovan Karadzic, ready identification, reasonable effort, relevance, Richard Harvey, Rule 54 bis, Rules, Rules of Procedure and Evidence, smuggling, specific intent, specificity, Srebrenica, Statute, Statute of the Tribunal, Third World Relief Agency, Tuzla, unduly onerous, UNPROFOR Comments closed
ICTR: Ngirabatware: TC Orders Switzerland, Senegal, Belgium and the World Bank to Disclose Documents
2010-04-27/28, Arusha, Tanzania. The Trial Chamber granted four defence motions and ordered Switzerland, Senegal, Belgium and the World Bank to disclose certain information about the development assistance granted to Rwanda between 1990 and 1994. The states refused to provide the information to the Defence voluntarily, and the World Bank provided partial assistance. The information in [...]
Posted in ICTR Also tagged Anne-Gaelle Denier, Article 28 (2), Augustin Ngirabatware, Belgium, Contribution Agreements, Deogratias Sebureze, development assistance, development projects, diversion of funds, Faria Rekkas, ICTR-99-54-T, information, Interahamwe, Iskandar Ismail, Ministry of Planning, motion, Mparany Rajohnson, Mylene Dimitri, Patrick Gabaake, Peter Herbert, production of evidence, rebuttal evidence, Rwanda, Senegal, service of documents, Solomy Balungi Bossa, State cooperation, Statute, Structural Adjustment Program, Switzerland, UNDP, Wallace Kapaya, William Egbe, William H. Sekule, World Bank Comments closed
USA: Doe: Vatican and Pope Sued in the U.S. for Child Molestation
2010-04-22, Milwaukee, WI, U.S.A. The Holy See (Vatican), Joseph Ratzinger (Pope Benedict XVI), Tarcisio Bertone (Cardinal Secretary of State) and Angelo Sodano (Dean of the College of Cardinals) are listed as the defendants in a complaint filed in the United State District Court Eastern District of Wisconsin. Facts. The complaint arises from sexual abuse of [...]
Posted in Domestic Courts Also tagged Angelo Sodano, breach of fiduciary duty, breach of implied covenant of good faith, Cardinal Secretary of State, Cardozo Law School, commercial activity, concealment, conspiracy, constructive trust, contract, conversion, customary international law, Dean of the College of Cardinals, direct effect, Easter District of Wisconsin, fair dealing, fraud, Holy See, human rights, infliction of emotional distress, Jeff Anderson and Associates, Jeffrey Anderson, Jeffrey R. Anderson, Joseph Ratzinger, Lawrence Murphy, Marci A. Hamilton, Michael Finnegan, Michael G. Finnegan, Minnesota, minor, misrepresentation, molestation, negligence, negligent misrepresentation, Paul R. Verkuil Chair in Public Law, Pope Benedict XVI, priest, rape, respondeat superior liability, Roman Catholic, sex offenders, sexual abuse, St. Francis, St. John's School for the Deaf, St. Paul, Tarcisio Bertone, United State District Court, unjust enrichment, Vatican, Vatican City, Wisconsin Comments closed
ICTY: Karadzic: Decision Re Disclosure of Info re Witnesses KDZ490 and KDZ492
2010-03-25, The Hague, The Netherlands. This is a decision in respect of the Accused request to the disclose, pursuant to Rule 66(B), the identities and statements of the protected witnesses KDZ490 and KDZ492 on the grounds that: a) the protective measures have been made on ex parte basis; b) there was not a single breach of [...]
Posted in ICTY Also tagged Article 20(1), Article 21(4)(b), delayed disclosure, KDZ490, KDZ492, protected witness, Radovan Karadzic, Rule 66(A), Rule 66(B), Rule 69(A), Rule 75, Rule 75(F)(i) Comments closed
ICC: Lubanga: OTP Ordered Disclosure
2010-03-15, The Hague, The Netherlands. The OTP was ordered to reveal the identity of the intermediary accused of coaching witnesses. The OTP and the Victims and Witnesses Unit will introduce protection measures once the identity of the witness is disclosed. Lubanga Trial |
ICC: Lubanga: OTP Shall Disclose Information Re Defence Witnesses