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03 August 2010

ICTY Trial Chamber ordered investigation into allegations against some Prosecution staff

In the Šešelj case, the accused had filed a motion for contempt alleging pressure or intimidation on the part of the Office of the Prosecutor towards some witnesses. The Prosecution stated that all the allegations were false.

Recently, the Trial Chamber issued a redacted version of its decision on the motion.
The Chamber pointed out that certain witnesses, when testifying before the Chamber, referred to pressure or to attempts to intimidate to which they were subjected by investigators for the Prosecution as well as to irregularities during their preliminary interviews by the Prosecution.

The Chamber held that an amicus curiae ought to investigate the motion for contempt and inform the Chamber whether there exist prima facie sufficient grounds to initiate a proceeding for contempt against certain members of the Prosecution.

Accordingly, the Chamber ordered the Registrar to appoint an amicus curiae to investigate “possible intimidation or pressure, albeit indirect, exerted by certain investigators for the Prosecution” and to investigate “techniques used by these investigators to obtain preliminary written statements from witnesses”.

It is the first time that such an investigation has been ordered in regard to the OTP staff.
Šešelj, Redacted Version of the “Decision in Reconsideration of the Decision of 15 May 2007 on Vojislav Šešelj’s Motion for Contempt against Carla Del Ponte, Hildegard Uertzretzlaff and Daniel Saxon”, Case No. IT-03-67-T, T. Ch., 29 June 2010

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