ICTY Manual on Developed Practices

1 ICTY Manual on Developed PracticesPrepared in conjunction with UNICRIas part of a project to preserve the legacy of the ICTYThe designations employed and the presentation of the material in this publication do not imply the expressionof any opinion whatsoever on the part of the Secretariat of the United Nations, the ICTY and UNICRI concerning the legal status of any country, territory, city or area or of its authorities,or concerning the delimitation of its frontiers or ICTY - UNICRI 2009 UNICRI PublisherPrinted in Turin, ItalyTable Of Special Features of Cases Involving War Crimes, Crimes Against Humanity and Preliminary A multi-disciplinary Legal supervision of Financial Command Opening an Investigation Selecting targets of Information Modular investigations.

2 Investigative Exhumation and identification of human Collecting evidence (search and seizure).. Request for legal Sensitive Vulnerable Early contacts by Prosecution Protection of sensitive sources and vulnerable Preparation for witness Interviewing Recording contacts with Interviewing victims of sexual Interviewing expert Interviewing Information management .. Protection of sensitive Handling, processing and storage of Chain of Analysis of Importance of demographic Annex 1: Investigation Annex 2: Guiding principles for Annex 3: Guiding principles in interviewing victims of sexual The state of readiness of the Overloading The concept of "Adequate notice".

3 The material The modes of Standardising indictment Judicial approval of an The procedure of confirming an indictment .. The confirmation process as a control Challenging an Joinder of Joinder of "Sealed" Amendment of an Annex 4: Standards of review of the indictment before trial ..46VI. Arrest Publication of the indictment and arrest warrants .. Review and filing of the Transmission of arrest Arrest warrants and failure to execute ..50C. Co-operation of States and voluntary Cooperation of Host State Pre-trial Case Management Status conferences and Rule 65ter Work Prosecution's pre-trial brief and witness list and the Defence's pre-trial brief.

4 Trial management Pre-Trial Role of the judge(s)..62D. Communication among Pre-trial Preliminary Other Motion for provisional Protective Motion for joinder or severance of Prosecution motion for amendment of the Motions for access to confidential material in other Reducing the scope of Narrowing the matters in Agreed Judicial Guilty Annex 5: Timelines for the pre-trial Annex 6: Practical example: projecting the estimated length of a trial at the pre-trial Trial Avoiding delays - controlling the Presentation of The use of written Detained Proofing of Use of Subpoenas to compel testimony under Rule Chamber witnesses' testimony under Rule Evidence post-prosecution Motions for Confidential material from States and other Absence of an Case management E-court - Electronic Document Management E-court - Transcript Management Multi-accused Careful review of

5 The Treatment of statements by Presentation of Defence Examination of Site visits and hearings away from the seat of the Tribunal .. Site Steps to be taken prior to the Organisation during the Post-visit reporting at the seat of the Tribunal .. Hearings away from the seat of the Initial contact with foreign Registry players Pre-departure Joint Registry/foreign court meeting/conference Exchange of letters and final Pre-departure Annex 7: VWS recommendations on proofing of Annex 8: Explanatory note for witnesses about Annex 9: Form used to record a waiver of Trial Judgement Judgement Preliminary Witness testimony and exhibit The traditional The e-court The applicable Factual findings.

6 121F. Tracking procedural Motions for Implications of multi-accused General Reviewing the draft Final Annex 10: Chapeau Annex 11: Electronic judgement Standard of review on Requirements applicable to all Standard applicable to errors of Standard applicable to errors of Self representation on Respective roles of the Pre-appeal Judge and the Appeals Chamber Ensuring that briefing is completed in a reasonable Additional evidence on Preparation for the appeals Appeals Deliberations and drafting of appeals Management of interlocutory and other appeals.

7 144H. Expedited appeals Legal contours of Practical issues pertaining to Competent Practices and Enforcement of The Registry's preliminary Negotiation of enforcement agreements with Preliminary inquiry with Collection of information for the designation of Designation of the The relevance of preferences expressed by convicted The geographic limits to enforcement of ICTY Whether designation of the State is a negotiable Transfer of the convicted person to the designated Request for review and transfer of the convict to the enforcing The supervision on enforcement of Inspection Convicted persons' contact with the Pardon and commutation of Notification by Derogation from the Determination by the Relevant factors for pardon.

8 Commutation of sentence or early The gravity of The convict's demonstration of Substantial cooperation with the The treatment of similarly situated The domestic eligibility The automatic reduction of sentence Release and Issues arising upon Referral of Cases to Domestic Criteria for Choice of the Level of the accused and gravity of Fair trial and not imposition of death State willing and adequately Monitoring and other post-referral Referral of cases: managerial Physical transfer of the Route and mode of transfer.

9 Travel and identifying documents of the Detention Personal Custody of the Access to certified copies of court Judicial Legal aid and transfer of case material to the Legal representation before the national Transfer of the Defence Legal aid during the transition Requests for assistance and variation of protected Judicial Support The United Nations Detention Detention Unit staff awareness of the detainee Health of Medical patient and staff trust Absence from Court for medical Staffing and financing of the UNDU relationship to the judicial process.

10 Medical Facilities for detainees in the Segregation and isolation of Scheduling for provisional releases from and returns to IT resources and Policies aimed at normalisation of the detainees' Daily Communication and Physical exercise and access to fresh Cultural Detainee Translation and interpretation Managing translation and interpretation in international criminal Interpretation Translation Referencing and Office of Document Court Cooperation with the Host State.