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Tag Archives: exculpatory evidence
ECCC: Ieng: Request for Annulment of All Investigations Denied
2010-06-25, Phnom Penh, Cambodia. The Pre-Trial Chamber (PTC) granted the defence’s appeal of the Co-Investigative Judges’ (CIJ) order rejecting the defence’s request for annulment of all investigations. However, the PTC dismissed the request for annulment, after reconsidering it on its merits. Procedural History On December 7, 2009, the defence filed a request to annul all investigations [...]
Posted in ECCC Also tagged 002/19-09-2007-ECCC/OCIJ, actual bias, Andrew Cayley, application for annulment, apprehended bias, Article 14, bias, burden of proof, Catherine Marchi-Uhel, Chea Leang, CIJ, Co-Investigative Judge, confidentiality, confidentiality of the investigation, Dianna Ellis QC, discretion, documentary, double-hearsay, film crew, harmed interest, hearsay, Huot Vuthy, ICCPR, Ieng Thirith, inculpatory evidence, Internal Rule 21, Internal Rule 56(2)(b), Internal Rule 74(3)(g), Internal Rule 76(2), Internal Rule 76(5), international side, Judge Lemonde, Judge You Bunleng, lack of impartiality, lack of independence, Marcel Lemonde, national side, Ney Thol, objective bias, obligation to act independently, obligation to act jointly, OCIJ, OCP, Office of the Co-Prosecutors, Phat Pouv Seang, Prak Kimsan, Pre-Trial Chamber, presumption of judicial impartiality, procedural defect, PTC, request for annulment, Rowan Downing, standard of proof, stay of proceedings, subjective bias, witness interview, You Bun Leng 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, disclosure, Elizabeth Odio Benito, ex parte, examination, 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
ICC: Lubanga: OTP Shall Disclose Information Re Defence Witnesses