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Dismissal of motion filed by the Clément Kayishema Defence

Yesterday afternoon, Trial Chamber 2 dismissed the motion filed by counsel for Mr. Clément Kayishema, Mr André Ferran. The Defence asked that there be equality of means between the Office of the Prosecutor and the Defence and that the number of assistants for the Prosecution be limited to that of the Defence.

In their decision, the Judges acknowledged that the Defence motion did not fall within the scope of preliminary motions in the strict sense of the Rules of Procedure and Evidence, nor could it be classified among the "measures for the purposes of an investigation or for the preparation or conduct of the trial". However, in view of the importance of the questions raised therein, the Judges considered the motion in the larger interest of justice.

The Tribunal insisted on the fact that the rights of the Defence and the legal concept of equality between the two parties should not be confused with equality of means and resources that should be available to both parties. Those concepts did not necessarily mean that the Defence was entitled to the same means and resources as available to the Prosecution. Nor had the Defence proven any violation of the rights of the accused. The Tribunal recalled furthermore, that the reimbursement of expenses incurred by the Defence was clearly established in the Directive on Assignment of Defence Counsel of 9 January 1996. Defence counsel should have referred to that document.

The motion was examined on 29 April 1997.

For information only - Not an official document

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