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Disclosure by the Prosecutor

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Chapter Summary

The right to have adequate facilities for the preparation of his defence is one of the fundamental rights of an accused. This provision is incorporated in Article 21 of the ICTY Statute, Article 20 of the ICTR Statute, and Article 17 of the SCSL Statute. In a civil law system a State investigative body, such as prosecutor or investigative judge, has responsibility to investigate both incriminating and exonerating circumstances equally. Under the ICC procedure, unlike ICTY Rules, it will be Pre-Trial Chamber that will hold hearings to confirm charges. The prior statements of the accused include all the previous statements of the accused which appear in the Prosecutor?s file, whether collected by the Prosecution or originating from any other source. In accord with the plain meaning of Rule 66 (B), the test for materiality is the relevance of the documents to the preparation of the defence case.

Keywords: accused; fundamental rights; ICC procedure; ICTR Statute; Pre-Trial Chamber; prosecutor; Rule 66 (B); SCSL Statute



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