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Report No. 198

Sub Rules 89(A) and (B) provide as follows:

Rule 89: General provisions.-(A) The rules of evidence set forth in this section shall govern the proceedings before the Chambers. The Chambers shall not be bound by national rules of evidence. (B) In cases not otherwise provided for in this section, a Chamber shall apply rules of evidence which will best favour a fair determination of the matter before it and are consonant with the spirit of the statute and the general principles of law.

The Trial Chamber held that it was not bound by national rules of evidence but could still be guided by them and that this is the spirit of sub Rule 89 (B).

Rule 71 (see sub rule 90(A)) is not the only exception allowed by the Rules. Under sub-Rule 75(B)(iii), when the Trial Chamber grants measures to facilitate the testimony of vulnerable victims and witnesses, such measures may involve the use of one-way closed circuit television. Accordingly, there are exceptions to the general rule when the right of the accused under Art 21(4)(e) is not prejudicially affected.

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