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Protection of Victims and Witnesses

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Chapter Summary

In the circumstances of the International Tribunal, in addition to cases concerning sexual assault, sufficient consideration may be found to justify confidentiality, where there are demonstrable fear of reprisals, taking into account the community in which the witnesses and their families live. A Trial Chamber must ensure effective protection for the victims and witnesses of both the Prosecution and of the Defence. Measures for privacy and security of witnesses and victims must be consistent with the rights of the accused, including his right to a fair and public trial and to adequate time and facilities for the preparation of his defence, as guaranteed by the Statute. Any curtailment of the accused?s right to a fair trial must be justified by a genuine fear for the safety of the witness or the members of his family.

Keywords: fair trial; International Tribunal; Prosecution; public trial; Trial Chamber; victims; witnesses



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