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国际刑事法庭(芦旺达)程序与证据规则(1995)

国际刑事法庭(芦旺达)程序与证据规则(1995)
   International Criminal Tribunal for Rwanda Rules of Procedure and Evidence, U.N. Doc. ITR/3/REV.1 (1995), entered into force 29 June 1995.
   

   PART ONE: GENERAL PROVISIONS
   Rule I
   Entry into Force
   These Rules of Procedure and Evidence, adopted pursuant to Article 14 of the Statute of the Tribunal, shall come into force on 29 June l995.
   Rule 2
   Definitions
   (A) In the Rules, unless the context otherwise requires, the following terms shall mean:
   Rules: The Rules referred to in Rule l;
   Statute: The Statute of the Tribunal adopted by Security Council resolution 955 of 8 November 1994;
   Tribunal: The International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for Genocide and other such violations committed in the territory of neighbouring States, between l January 1994 and 31 December 1994, established by Security Council resolution 955 of 8 November 1994.
   Accused: A person against whom an indictment has been submitted in accordance with Rule 47;
   Arrest: The act of taking a suspect or an accused into custody by a national authority;
   Bureau: A body composed of the President, the Vice-President and the more senior Presiding Judge of the Trial Chambers;
   Investigation: All activities undertaken by the Prosecutor under the Statute and the Rules for the collection of information and evidence;
   Party: The Prosecutor or the accused;
   President: The President of the Tribunal;
   Prosecutor: The Prosecutor designated pursuant to Article 15 of the Statute;
   Regulations: The provisions framed by the Prosecutor pursuant to Rule 37(a) for the purpose of directing the functions of his Office;
   Suspect: A person concerning whom the Prosecutor possesses reliable information which tends to show that he may have committed a crime over which the Tribunal has jurisdiction;
   Transaction: A number of acts or omissions whether occurring as one event or a number of events, at the same or different locations and being part of a common scheme, strategy or plan;
   Victim: A person against whom a crime over which the Tribunal has jurisdiction has allegedly been committed.
   (B) In the Rules, the masculine shall include the feminine and the singular the plural, and vice-versa.
   Rule 3
   Languages
   (A) The working languages of the Tribunal shall be English and French.
   (B) An accused shall have the right to use his own language.
   (C) Any other person appearing before the Tribunal, other than as counsel, who does not have sufficient knowledge of either of the two working languages, may use his own language.
   (D) Counsel for an accused may apply to the Presiding Judge of a Chamber for leave to use a language other than the two working ones or the language of the accused. If such leave is granted, the expenses of interpretation and translation shall be borne by the Tribunal to the extent, if any, determined by the President, taking into account the rights of the defence and the interests of justice.
   (E) The Registrar shall make any necessary arrangements for interpretation and translation into and from the working languages.
   Rule 4
   Meetings away from the Seat of the Tribunal
   A Chamber may exercise its functions at a place other than the seat of the Tribunal, if so authorised by the President in the interests of justice.
   Rule 5
   Non-compliance with Rules
   Any objection by a party to an act of another party on the ground of non-compliance with the Rules or Regulations shall be raised at the earliest opportunity; it shall be upheld, and the act declared null, only if the act was inconsistent with the fundamental principles of fairness and has occasioned a miscarriage of Justice.
   Rule 6
   Amendment of the Rules
   (A) Proposals for amendment of the Rules may be made by a Judge, the Prosecutor or the Registrar and shall be adopted if agreed to by not less than seven Judges at a plenary meeting of the Tribunal convened with notice of the proposal addressed to all Judges.
   (B) An amendment to the Rules may be otherwise adopted, provided it is unanimously approved by the Judges.
   (C) An amendment shall enter into force immediately, but shall not operate to prejudice the rights of the accused in any pending case.
   Rule 7
   Authentic Texts
   The English and French texts of the Rules shall be equally authentic. In case of discrepancy, the version which is more consonant with the spirit of the Statute and the Rules shall prevail.
   PART TWO: PRIMACY OF THE TRIBUNAL
   Rule 8
   Request for Information
   Where it appears to the Prosecutor that a crime within the jurisdiction of the Tribunal is or has been the subject of investigations or criminal proceedings instituted in the courts of any State, he may request the State to forward to him all relevant information in that respect, and the State shall transmit to him such information forthwith in accordance with Article 28 of the Statute.
   Rule 9
   Prosecutor's Request for Deferral
   Where it appears to the Prosecutor that in any such investigations or criminal proceedings instituted in the courts of any State:
   (i) the act being investigated or which is the subject of those proceedings is characterised as an ordinary crime;
   (ii) there is a lack of impartiality or independence, or the investigations or proceedings are designed to shield the accused from international criminal responsibility, or the case is not diligently prosecuted; or
   (iii)what is in issue is closely related to, or otherwise involves, significant factual or legal questions which may have implications for investigations or prosecutions before the Tribunal, the Prosecutor may propose to the Trial Chamber designated by the President that a formal request be made that such court defer to the competence of the Tribunal.
   Rule 10
   Formal Request for Deferral
   (A) If it appears to the Trial Chamber seized of a proposal for deferral that, on any of the grounds specified in Rule 9, deferral is appropriate, the Trial Chamber may issue a formal request to the State concerned that its court defer to the competence of the Tribunal.
   (B) A request for deferral shall include a request that the results of the investigation and a copy of the court's records and the judgement, if already delivered, be forwarded to the Tribunal.
   (C) Where deferral to the Tribunal has been requested by a Trial Chamber, any subsequent trial shall be held before the other Trial Chamber.
   Rule 11
   Non-compliance with a Request for Deferral
   If, within sixty days after a request for deferral has been notified by the Registrar to the State under whose jurisdiction the investigations or criminal proceedings have been instituted, the State fails to file a response which satisfies the Trial Chamber that the State has taken or is taking adequate steps to comply with the order, the Trial Chamber may request the President to report the matter to the Security Council.
   Rule 12
   Determinations of Courts of any State
   Subject to Article 9(2) of the Statute, determinations of courts of any State are not binding on the Tribunal.
   Rule 13
   Non Bis in Idem
   When the President receives reliable information to show that criminal proceedings have been instituted against a person before a court of any State for acts constituting serious violations of international humanitarian law under the Statute for which that person has already been tried by the Tribunal, a Trial Chamber shall, following mutatis mutandis the procedure provided in Rule 10, issue a reasoned order requesting that court permanently to discontinue its proceedings. If that court fails to do so, the President may report the matter to the Security Council.
   PART THREE: ORGANISATION OF THE TRIBUNAL
   Section 1: The Judges
   Rule 14
   Solemn Declaration
   (A) Before taking up his duties each Judge shall make the following solemn declaration:
   I solemnly declare that I will perform my duties and exercise my powers as a Judge of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for Genocide and other such violations committed in the territory of neighbouring States, between I January 1994 and 31 December 1994, honourably, faithfully, impartially and conscientiously.

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