Report No. 198

General Measures:

(7) The pseudonyms by which these witnesses have been designated shall be used whenever the witnesses are referred to in the present proceedings and in the discussion among the parties.

(8) The names, addresses, whereabouts and other identifying dates concerning the pseudonymed witnesses shall not be disclosed to the public or to the media.

(9) The names, addresses, whereabouts of, or other identifying information concerning the pseudonymed witnesses, shall be sealed and not included in any of the public records of the International Tribunal.

(10) To the extent the names, addresses, whereabouts of, or other identifying information concerning the pseudonymed witnesses are contained in existing public documents of the Tribunal, that information shall be expunged from those documents.

(11) Documents of the International Tribunal identifying the pseudonymed witnesses shall not be disclosed to the public or to the media.

(12) The above listed general measures shall apply to witnesses 'D', 'E', 'H' and 'M' only so far as the identifying information contained in any public documents or records of the International Tribunal reveals the fact that they are witnesses in this case. The general measures shall not apply to any documents or records containing the identifying information of witnesses 'D', 'E', 'H' or 'M' which does not reveal, either directly or by implication, that they are witnesses in this case.

(13) Defence Counsel and their representatives who are acting pursuant to their instructions or requests shall not disclose the names of pseudonymed witnesses or other identifying dates concerning these witnesses to the public or to the media, except to the limited extent such disclosure to members of the public is necessary to investigate the witnesses adequately. Any such disclosure shall be made in such a way as to minimize the risk of the witnesses' names being divulged to the public at large or to the media.

(14) Edited recordings or transcripts of the closed session hearing on these motions held on 14.3.97 shall be released to the public and the media only after review by the office of the Prosecutor and the Victims and Witnesses Unit, to ensure that no information leading to the possible identification of the witnesses, is disclosed.

(15) The public and the media shall not photograph, video-record or sketch the pseudonymed witnesses while they are within the precincts of the International Chamber.

(j) 6.11 The International Criminal Tribunal for Rwanda (1994)

The Security Council of the United Nations, under Chapter VII of the Charter of UN, constituted 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 1 st January, 1994 and 31st December, 1994. (see
http://www.ictr.org/english/basccdocs/statute.html)

6.11.1 The Statute (as amended) consists of 32 Articles. There are again Rules of Procedure and Evidence. There are three Trial Chambers. The office is divided into the Investigation Section and the Prosecution Section. There is an Appeal Chamber which is shared with the International Criminal Tribunal for the former Yugoslavia.
(see http://www.retr.org/english/geninfo/structure.htm).

There is a Witness and Victims Support Section for Prosecution as well as Defence witnesses, in order to:

(a) Provide impartial support and protection services to all witnesses and victims who are called to testify before the Tribunal;

(b) Recommend the adoption of protective measures for victims and witnesses;

(c) Ensure that they receive relevant support, including physical and psychological rehabilitation, especially counselling in case of rape and sexual assaults;

(d) Develop short and long term plans for the protection of witnesses who have testified before the Tribunal and who fear a threat to their life, property or family;

(e) Respond to the Trial Chambers upon consultation, in the determination of protective measures for victims and witnesses; and

(f) Request a Judge or a Chamber to order appropriate measures for the privacy and protection of victims and witnesses, provided that the measures are consistent with the rights of the accused.

This section is responsible for protecting the privacy and ensuring the security and safety of all witnesses who are called by both the Defence and the Prosecution. It is also responsible for the movement of the witnesses from the place of residence to the headquarters of the Tribunal where they are called to testify. It provides the witnesses with all required assistance to enable them to travel safely and to testify in a secure and conducive environment.

Under (f) above, the Judge or Chamber may grant measures if a case is made out for concealment of name or identity from the public and media. Post-trial witness programme ensures relocation of witnesses (thought to be particularly at risk), in other countries or within Rwanda. The Section also organizes, accumulates, provides, multifaceted support and the physical and international protection of witnesses. The Section ensures easy immigration to other countries by negotiations through UN. The Section maintains anonymity of witnesses and following up on them after their testimony.

6.11.2 Art. 14 of the Statute refers to the Rules of Procedure and Evidence, Art. 20 to the Rights of the accused and Art. 21 to the Rights of Victims and Witnesses.

"Article 20: Rights of the Accused-(1) All persons shall be equal before the International Tribunal for Rwanda.

(2) In the determination of charges against him or her, the accused shall be entitled to a fair and public hearing, subject to Art. 21 of the Statute.

(3) The accused shall be presumed innocent until proven guilty according to the provisions of the present Statute.

(4) In the determination of any charge against the accused pursuant to the present Statute, the accused shall be entitled to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail in a language which he or she understands of the nature and cause of the charge against him or her;

(b) To have adequate time and facilities for the preparation of his or her defence and to communicate with Counsel of his or her own choosing;

(c) To be tried without undue delay;

(d) To be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; to be informed, if he or she does not have legal assistance, of his right; and to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by him or her in any such case if he or she does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her;

(f) To have the free assistance of an interpreter if he or she cannot understand or speak the language used in the International Tribunal for Rwanda;

(g) Not to be compelled to testify against himself or herself or to confess guilt."