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Defence Access to Protected Material

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Chapter Summary

It is the responsibility of the Prosecution to determine whether there is additional material related to the other proceedings that should be disclosed to the accused, but which is not covered by the terms of the order granting access to protected material. Indeed, the order granting the Defence access to material in another case does not affect the disclosure obligations of the Prosecution under Rules 66 and 68. The material, to which the access may be granted, may include all confidential pleadings and confidential decisions issued at all stages of another case. The use of trial record in other proceedings before the Tribunal is subject to existing protective measures imposed by the Chambers after having considered the legitimate concerns of the witnesses prior to their testimony. The protection which ex parte material enjoy, does not discharge the Prosecution from its disclosure obligation pursuant to Rules 66 and 68.

Keywords: Defence access; ex parte material; Prosecution; protected material; Rules 66



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