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30 January 2011

SCSL denied investigation of the identity of the sorces of the USG

The next day after the admission into evidence two confidential US government cables (see previous post), the Taylor Trial Chamber denied the Defence request to investigate and identify the sources within the Chamber, Prosecution and Registry who provided the USG with the information in the cables.

In particular, the Defence sought “information tending to suggest that the Prosecution has sought or received instructions from the USG regarding any aspect of the Taylor trial.”

The Chamber found that, while it is of concern to the Chamber that the United States government may have received information from “contacts” in Chambers, the Registry and the Prosecution, the evidence does not demonstrate whether these “contacts” have any relationship with the USG capable of interfering with the independence or impartiality of the Court or any organ of the Court.

The Chamber further held that, while the statements attributed to the sources within the Prosecution Registry, and Chambers indicate that information may have been provided to the US government by employees within the Court, the statements do not demonstrate that such sources were receiving instructions from the USG.
Taylor, Decision on Urgent and Public with Annexes A-N Defence Motion for Disclosure and/or Investigation of United States Government Sources within the Trial Chamber, the Prosecution and the Registry Based on Leaked USG Cables, Case No. SCSL-03-1-T, T. Ch., 28 January 2011.

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