IN THE TRIAL CHAMBER
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Mr. Hans Holthuis
19 February 2002
The Office of the Prosecutor
Mr. Geoffrey Nice
Mr. Dirk Ryneveld
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome
Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Michaïl Wladimiroff
THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("International Tribunal"),
NOTING the oral directions of the Trial Chamber of 13 and 19 February 2002 as to the right of silence and the conduct of cross-examination,
PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal,
HEREBY CONFIRMS its oral directions as set out in Annex A and Annex B to this Order.
Done in English and French, the English text being authoritative.
Dated this nineteenth day of February 2002
At The Hague
[Seal of the Tribunal]
The Accusedís Right of Silence
- You have a right of silence during this trial. You are not obliged to give evidence, to question witnesses or to make submissions.
- However, you may make a statement now. You may not be asked questions about the content of the statement but the statement will be made under the control of the Trial Chamber; and the Trial Chamber will decide on the probative value, if any, to be attached to the statement.
- You may give evidence on your own behalf at the appropriate time, in which case you will be subject to cross-examination.
- Other than when giving evidence, you are not obliged to answer any questions about the facts of the case, but should be aware that if you make statements about the facts during submissions to the court, such statements may be part of the material considered by the Trial Chamber in reaching its decision on the case.
- This ruling does not apply to questions on procedural and administrative matters.
- This statement will be put into writing and given to the accused.
Cross-Examination: Rule 90
- The purpose of cross-examination is to ask questions in order to test the witnessís evidence and credibility, i.e. whether he or she should be believed or not.
- According to the Tribunalís Rules it is limited to the subject matter of the evidence in chief, i.e. the evidence given in answer to questions from the Prosecution and to questions as to credibility.
- It is also the opportunity to ask questions relating to your case, i.e. the case which you wish to put forward in your defence.
- The Trial Chamber may permit questions on other matters.
- Cross-examination is subject to the control of the Trial Chamber in order to make it effective for the ascertainment of the truth and avoid the needless consumption of time.
- It is restricted to matters relevant to the issues in the trial and must not be used as a way of harassing or intimidating witnesses.
- Any questions which may reveal the identity of protected witnesses must be asked in closed session.