FIFTH PLENARY SESSION
1-8 JUNE 1998
JUDICIAL AND LEGAL SERVICES DIVISION
Court Management Section
TABLE OF CONTENTS
The Registrar of the Tribunal,
CONSIDERING the Statute of the Tribunal as adopted by the Security Council under resolution 955 (1994) of 8 November 1994, and in particular Article 16 thereof;
CONSIDERING the Rules of Procedure and Evidence as adopted by the Tribunal on 29 June 1995 and further amended, and in particular Part 3, Section 5 thereof;
CONSIDERING the approval of this Directive by the Judges of the Tribunal on 8 June 1998.
HEREBY ISSUES the Directive for the Judicial and Legal Services Division, Court Management Section.
ARTICLE 1. ENTRY INTO FORCE
The Directive shall enter into force on 8 June 1998
ARTICLE 2. AMENDMENTS
The Registrar may amend the Directive in consultation with the Judges and the Office of Prosecutor. These amendments shall not come into force until adopted by the Judges at the Plenary Meeting.
ARTICLE 3. DEFINITIONS
In the Directive the masculine shall include the feminine and the singular the plural, and vice-versa. The following terms shall mean:
Statute: The Statute of the Tribunal adopted by Security Council resolution 955 of 8 November 1994.
Tribunal: The International 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 violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994, established by Security Council resolution 955 of 8 November, 1994.
Rules: The Rules of Procedure and Evidence, adopted pursuant to Article 14 of the Statute of the Tribunal, adopted on 29 June 1995 and further amended on 12 January 1996, 15 May 1996, 4 July 1996, 5 June 1997 and 8 June 1998.
Bureau: A body composed of the President, the Vice-President and the more senior Presiding Judge of the Trial Chambers. When the more senior of the Presiding Judges of the Trial Chamber is also either the President or Vice-President, the Presiding Judge of the other Trial Chamber sits as a member of the Bureau.
Chamber(s): The Trial Chamber and/or the Appeals Chamber of the Tribunal;
Appeals Chamber: The Appeals Chamber of the ICTR, or the Judges thereof located at the Hague.
Prosecutor: The Prosecutor appointed pursuant to Article 15 of the Statute;
Party: The Prosecutor and the Accused.
Registrar: The Registrar appointed pursuant to Article 16(3) of the Statute.
Registry: An organ of the Tribunal, responsible for the administration and servicing of the Tribunal pursuant to Article 16 of the Statute.
ARTICLE 4. COMPOSITION AND ORGANISATION OF THE REGISTRY
1. The Registry shall be composed of the Registrar, the Deputy Registrar and such other staff as may be required for the efficient discharge of its functions in accordance with Article 16 of the Statute.
2. The Registry consists of two divisions - the Judicial and Legal Services Division and the Division of Administration - and the Office of the Registrar, comprising the Immediate Office of the Registrar and the Press and Public Affairs Unit.
3. The Judicial and Legal Services Division is divided into four sections: Court Management Section, General Legal Services and Chambers Support Section, Lawyers and Detention Facilities Management Section, and Witnesses and Victims Support Section.
4. The Registrar shall assist the Chambers, the Plenary meetings of the Tribunal, the Judges and the Prosecutor in the performance of their functions. Under the authority of the President, he shall be responsible for the administration and servicing of the Tribunal. He is head of the Registry.
ARTICLE 5. THE REGISTRAR
1. The Registrar shall discharge his functions in accordance with Article 16 of the Statute and Rule 33 of the Rules.
2. The Registrar may delegate any of his tasks to his staff, either orally or in writing, implicitly or explicitly, but he remains ultimately responsible for them.
ARTICLE 6. DEPUTY REGISTRAR
1. The Deputy Registrar shall assist the Registrar, act as Registrar in his temporary absence and, in the event of the office becoming vacant, exercise the functions of Registrar until the office has been filled.
2. The Deputy Registrar has primary responsibility, under the authority of the Registrar, for the Judicial and Legal Services Division of the Registry. He is assisted by the Heads of the four Sections of the Judicial and Legal Services Division and other Registry staff.
ARTICLE 7. DUTIES OF REGISTRY STAFF
1. The Registrar, the Deputy Registrar, all Staff and all persons assisting the Registry shall refrain from any action which might reflect adversely on the Tribunal and shall not seek nor receive instructions from anyone external to the Tribunal.
2. Before commencing their duties, the Registrar, the Deputy Registrar and all Registry Staff shall make a Solemn Declaration in the form provided by Rule 32 of the Rules. They are also under a duty of confidentiality not to reveal any non-public information which they have access to in the course of the work performed on behalf of the Tribunal.
3. Registry Staff are responsible for reporting diligently to the Registrar or the Deputy Registrar.
ARTICLE 8. THE JUDICIAL AND LEGAL SERVICES DIVISION
1. The Deputy Registrar acts as the Head of the Judicial and Legal Services Division, under the supervision of the Registrar.
2. The Judicial and Legal Services Division is, in general, responsible for administering and providing assistance to the Chambers, the Office of the Prosecutor and Defence Counsel in the performance of their functions.
3. The Judicial and Legal Services Division comprises four sections, the particular responsibilities of which are as follows:
(A) Court Management Section, headed by a Senior Legal Officer. The responsibilities of this Section is the subject of the present Directive, and in particular Article 9 thereof,
(B) General Legal Services and Chambers Support Section, headed by a Section Chief. This Section is responsible for providing legal, drafting and administrative support to the Judges.
(C) Lawyers and Detention Facilities Management Section, headed by a Section Chief. This Section serves as the channel of communication between the Tribunal and Counsel for the accused, and supervises and co-ordinates the assignment of defence counsel in accordance with the Directive on the Assignment of Defence Counsel. The Section also supervises the administration of the Tribunal's Detention Unit, including visits to detainees and the rules and regulations governing detention.
(D) Witnesses and Victims Support Section, headed by a Section Chief. This Section is responsible for protecting victims and witnesses in accordance with the rôle conferred upon it by the Statute and the Rules, in particular Article 21 of the Statute and Rules 34, 69 and 75 of the Rules.
ARTICLE 9. THE COURT MANAGEMENT SECTION
The functions of the Court Management Section of the Judicial and Legal Services Division are as follows:
(i) To maintain the Judicial Archives of the Tribunal, as described in Article 10 below;
(ii) To have custody of the seals and stamps;
(iii) To organise the proceedings of the Chambers, including arrangements for the distribution of documents to Judges, Legal Officers, the Parties and the Press and Public Affairs Unit, the provision of technical assistance and the preparation of minutes and records, pursuant to Rule 35 of the Rules;
(iv) To file and distribute, on an expeditious basis, judgements, orders, requests, pleadings, and other official documents of the Tribunal to Judges, the supporting Legal Staff, the Parties and the Press and Public Affairs Section;
(v) To ensure that non-confidential information in the custody of the Section is publicly available;
(vi) To maintain the Record Book, pursuant to Rule 36 of the Rules, and a "Summary of Judicial Activities Sheet".
1. The Court Management Section is responsible for maintaining the Judicial Archives of the Tribunal.
2. The Judicial Archives shall contain:
(a) case files, maintained in accordance with Article 13 below;
(b) correspondence files;
(c) the Record Book, including the "Summary of Judicial Activities Sheet" ("the Summary Sheet") (cf. Articles 18 and 19 of the present Directive);
(d) audio and video cassettes, diskettes, microfiches and photographs including negatives.
3. The Judicial Archives shall not include correspondence directly addressed to a Judge or to the Prosecutor of the Tribunal, unless they transmit such correspondence to the Court Management Section.
4. All documents in the Judicial Archives shall be kept securely locked when not in use by Court Management Section staff. No file or original of any document contained in the archives may be consulted without first obtaining permission from a designated member of the Court Management Section, nor removed from the Judicial Archives except for the purposes of making a photocopy, again only with the prior permission of a designated member of the Court Management Section. If a photocopy is made, the original must be returned to the Judicial Archives immediately afterwards.
The Court Management Section is responsible for the expeditious management, filing, reproduction, and distribution of the documents of the Tribunal to Judges, the Parties and the Press and Public Affairs Section, including:
(a) official documents, as defined in Article 12;
(b) minutes, transcripts and recordings of sessions of the Tribunal;
(c) any other document required for proceedings.
ARTICLE 12. OFFICIAL DOCUMENTS OF THE TRIBUNAL
1. The official documents of the Tribunal are:
(a) Original documents, namely documents which are integral to the Tribunal's proceedings and are issued by the Tribunal:
(i) Original documents issued by the Chambers bearing the signature of a Judge or Judges, and the Seal of the Tribunal, e.g. Decisions, Orders and Judgements;
(ii) Original documents issued by the Office of the Prosecutor bearing the signature of the Prosecutor, or his delegate, and the stamp of the Office of the Prosecutor;
(iii) Original documents issued by the Court Management Section bearing the signature of the Registrar, or his delegate, and the stamp of the Tribunal;
(iv) All documents concerning cases before the Tribunal which are sent to the Tribunal by the Parties or by an amicus curiae and filed with the Court Management Section; and
(v) Translation of the original documents duly certified by the Translation Unit of the Tribunal.
(b) Copies of original documents as described in (a) and (b) which have been certified in accordance with the procedure set down in Article 21 of the present Directive.
2. The Court Management Section shall ensure that every original document issued by the Tribunal conforms to the above requirements.
1. Case files shall contain all documents pertaining to each case brought before a Judge or Chamber.
2. In the case of an original document issued in one single copy but relevant to two or more files, a certified copy of the original document shall be inserted in the relevant file(s).
3. Each document shall be numbered in chronological order, and filed in accordance with the Instructions for the Court Management Section.
4. The title and the reference number of each document inserted in a folder must be noted in the Indexes (public or confidential) of the relevant case file.
5. Documents in more than one language shall be filed in accordance with the Instructions for the Court Management Section.
6. When a document is filed with the Court Management Section, the Section shall make the appropriate arrangements for its translation into the working languages of the Tribunal.
7. The Court Management Section shall ensure that electronic copy of a document is filed simultaneously with the filing of the document. It shall request the person filing the document to provide electronic copy if he has not already done so. The electronic copy shall then be transmitted to the person responsible for the Tribunal's Website for the purposes of review and loading onto the homepage.
8. If possible, the Court Management Section will establish a copy set for each case file which shall be stored away from the Tribunal's facilities and shall be certified in accordance with the procedure set down in Article 21 of the present Directive.
ARTICLE 14. PRINCIPLES GOVERNING MANAGEMENT OF CONFIDENTIAL DOCUMENTS
1. Documents which are confidential in whole or in part, or which include words or phrases which should not be disclosed to the public, shall be filed and classified in accordance with the procedure described in Article 13 herein. These documents shall remain a part of the relevant case file, but they shall be placed in a sealed envelope or distinct folder that is inaccessible to the public.
2. A certificate and/or an expurgated version shall replace the original documents in the public case file.
3. The practical mechanisms relating to the establishment of confidential folders shall be laid down by the Registrar in the Instructions for the Court Management Section.
ARTICLE 15. CASE FILE INDEXES
1. Each case file shall have an index listing all the documents filed in that case. Documents which contain confidential information but whose existence is not confidential may be listed in the public index, provided the listing does not divulge any confidential information and provided that the confidential information does not appear in the case-file. Documents the existence of which is confidential must only be listed in confidential indexes.
2. The indexes shall be inserted at the beginning of each folder of each case file. All of the non-confidential indexes shall be collected together in a "Compilation of Indexes".
ARTICLE 16. CORRESPONDENCE
Official correspondence of the Court Management Section shall be signed by the Registrar, or by the Deputy-Registrar or Court Management Section officials, in so far as the Registrar may delegate to them his signature for this purpose.
ARTICLE 17. FILING OF CORRESPONDENCE AND RELATED DOCUMENTS
1. The Court Management Section shall file official correspondence addressed to or received by the Court Management Section in the case-file, in accordance with Article 13 of the present Directive. A separate correspondence file may be maintained, if necessary, for any case.
2. The Court Management Section shall file, following the same principles, all documents sent by the Section and their annexes noting the name of the addressee and in due course stapling, where available, the proof of receipt to the document or its copy.
ARTICLE 18. RECORD BOOK
1. The Record Book shall be open to the public and otherwise maintained in accordance with Rule 36 of the Rules. It shall be in diary format, with one page for each day. Non-confidential particulars of each case and each document filed in the case file, including orders, decisions and judgements, shall be noted in the Record Book on their day of filing.
2. The Record Book is a permanent record of the Tribunal and shall not be destroyed. It shall be maintained in the archives.
ARTICLE 19. SUMMARY SHEET
1. The Summary Sheet shall contain the essential information relating to all cases which are before a Judge or Chamber of the Tribunal, and the dates of the various stages so far reached in those cases, excluding those subject to an order for non disclosure.
2. The Summary Sheet, which shall be an integral part of the Record Book, is principally intended to facilitate the location of documents in the case file, to provide a quick reference for basic information concerning the case, and to provide a basis for compiling information or statistics for the preparation of annual and budgetary reports.
ARTICLE 20. MANAGEMENT OF AUDIO-VISUAL, ELECTRONIC, MICROFICHE AND PHOTOGRAPHIC MATERIALS
1. The original of each audio or video cassette, each diskette, each microfiche and each photograph filed with or produced by the Court Management Section must be properly indexed chronologically. All such materials shall appear on separate lists. The materials shall remain under the control of the Court Management Section.
2. In order to preserve the audio-visual archives, taking into account the physical deterioration of tapes, the Court Management Section shall make timely reproductions of the tapes and keep them separately.
3. If possible, a spare copy of all audio and video archives should also be made and stored away from the Tribunal's facilities.
4. The practical mechanisms implementing this Article shall be laid down by the Registrar in the Instructions for the Court Management Section.
ARTICLE 21. CERTIFIED COPIES
1. Certified copies of original documents issued by the Tribunal must bear the stamp of the Tribunal and the signature or initials in blue ink of the Registrar or his delegate. Copies certified in this manner shall be regarded as exact and unaltered reproduction of the original.
2. To certify documents, the Registrar may also make use of certificates under conditions to be established in the Instructions for the Court Management Section. Thus, documents covered by a certificate signed by the Registrar or his delegate will also be considered certified copies.
ARTICLE 22. COURT MANAGEMENT SECTION CHARGES
1. Fees may be imposed upon Court Management Section acts or services which involve cost to the Registry; in particular, certifying copies of judgements, orders, minutes, transcripts, official documents, or extracts from the Record Book and making copies of non-confidential audio-visual materials.
2. The charges referred to in this Article shall be determined by decision of the Registrar.
3. Upon written request to the Registrar, all of the above-mentioned services may be provided after payment of Court Management Section charges, and subject to technical feasibility.
4. Court Management Section charges shall not be imposed on Non-Profit Organisations, Academic Institutions, or any member of either of these, or on a State.
ARTICLE 23. CASE OPENING
1. The Court Management Section shall open a new case file upon receipt of:
(a) an application for deferral under Rule 9 of the Rules; or
(b) an indictment under Rule 47 of the Rules;
(c) an application for the Transfer and Provisional Detention of a Suspect under Rule 40 bis.
2. Upon receipt of any other application which does not relate to a pre-existing case, the documents relating to that motion shall be filed in a "Miscellaneous" file.
3. Only one case file shall be opened for each case. Where two or more accused are joined in one indictment, only one case number shall be assigned and one case file maintained. In case of separate trials, however, the Registrar may disjoin the initial case file and assign new case numbers. A case file may be placed in several folders, whether public or confidential, which folders shall be numbered sequentially.
4. The following symbols shall be used in assigning a Case Number (e.g. ICTR-95-14-R61):
ICTR = International Criminal Tribunal for Rwanda
95 = year of indictment, i.e. 1995
14 = sequential number of case, i.e. the 14th case to come before the Tribunal.
A = Appeal (followed by Rule, if necessary, e.g. AR108 ' Appeal of Rule 108)
T = Trial
PT = Pre-Trial
I = Indictment
R61 = Rule 61 hearings
D = Deferral hearings (Rule 10)
DP = Rule 40 bis proceedings (détention provisoire)
ARTICLE 24. ASSIGNMENT OF CASES
1. The Registrar shall assign each new case to a Judge or a Chamber according to the instructions of the President, which are contained in a roster, established in accordance with Rule 28, a copy of which shall be filed in the case file.
2. The Court Management Section shall record the assignment of a case to a Judge or a Chamber in the Record Book.
3. The Court Management Section shall, at the request of the President, make the necessary arrangements for the reassignment of a case.
ARTICLE 25. GENERAL PRINCIPLES
1. All documents which the Parties wish to serve on a Judge or Chamber must be first submitted to the Court Management Section, which shall be responsible for the distribution of certified copies of the documents to Judges, the Parties and the Press and Public Affairs Unit.
2. All written motions applying for an order from a Judge or Chamber should be accompanied by a draft order, bearing the word "DRAFT" thereon.
ARTICLE 26. JUDICIAL FORMS
The judicial forms used by the Tribunal shall be in a standard format issued by the Court Management Section. They are available for consultation by the parties.
1. Documents may be delivered to the Court Management Section by hand or by post. Documents delivered to the General Registry of the Tribunal shall be considered mis-delivered and the Party so filing the document shall be responsible for any delay in the transmission of the document from the General Registry to the Court Management Section.
2. Format of Motions and other processes. The Court Management Section shall ensure that Motions and other processes which are filed are in proper form. In particular, when counsel files a Motion before a Judge or Chamber, Counsel must in all cases provide the court with the following documents:
(i) a Notice of Motion - appropriately entitled, informing the reader of the type and nature of the process.
(ii) a Memorial or Brief of Argument;
(iii) a supporting affidavit or Declaration. Note that a party who wishes the Chamber to make any determination on a question of fact in dispute should not make unsworn assertions of fact orally before the Chamber, but should, in his or her Motion, state contentious facts under oath, in an affidavit, affirmation or other solemn declaration.
(iv) a Book of Authority, in a standard format;
(v) a draft Order, in a standard format;
(vi) a Backing Sheet (Back Cover), in a standard format.
Motions and other processes not conforming to these requirements may be returned to the filing Party without filing and with instructions as to how to remedy the deficient filing, in accordance with Article 31 of the present Directive.
3. The Court Management Section shall file all documents submitted in a case following the provisions laid down in Article 13 of the present Directive.
4. The date of filing is the date that the document was received by the Court Management Section. The Court Management Section shall date-stamp the document legibly with the date of its receipt, subject to the provisions of Articles 28 to 31 of the present Directive. This date-stamp shall be endorsed with the signature of the Court Management Section staff member who received the document.
ARTICLE 28. FILING BY FACSIMILE TRANSMISSION
1. The Court Management Section shall process documents sent by facsimile transmission in accordance with the provisions laid down in Article 27.
2. Parties who send documents by facsimile must also deliver the signed original document within a reasonable period.
ARTICLE 29. AFTER-HOURS FILING
1. After-hours filing refers to the filing of documents outside of the following hours: 9 a.m. to 5.30 p.m., Monday through Thursday and 9 a.m. to 2.30 p.m. on Friday, or on weekends or public holidays.
2. A party anticipating a late filing must notify the Court Management Section during business hours to request permission and instructions for after-hours filing.
ARTICLE 30. URGENT MEASURES
1. A party filing a document which requires urgent measures to be taken shall bring the urgent nature of the document to the attention of the Court Management Section, with an accompanying note bearing the word "URGENT" in red capital letters.
2. The Court Management Section should then process the document in accordance with Article 37 of the present Directive, and in any event on an expedited basis, as provided for in the Instructions for the Court Management Section, and forward a certified copy to the appropriate Judge or Chamber immediately.
ARTICLE 31. DEFICIENT FILING
1. The Court Management Section is responsible for verifying compliance with the formal requirements laid down in Articles 27 to 30 of the present Directive.
2. The Court Management Section shall inform the party who submitted a formal defective document of the deficiency and requesting that it be corrected.
3. A party who presents a defective document may correct the deficiency by letter or facsimile.
ARTICLE 32. PRINCIPLE OF PUBLICITY
In conformity with the principle of publicity of the work of the Tribunal, the Court Management Section shall provide public access to documents. This access shall be free and complete with two reservations: the provisions of Article 22, concerning Court Management Section charges, and Article 33, concerning public access to the Judicial Archives of the Tribunal, of the present Directive.
ARTICLE 33. PUBLIC ACCESS TO THE JUDICIAL ARCHIVES
1. Subject to paragraphs (3) B (5) below, disclosure of the following to the public is unrestricted:
(a) orders, decisions or judgements of a Judge or a Chamber, from the moment they are issued or as specified in the order, decision or judgement itself;
(b) requests for deferral by the Prosecutor, as provided for in Rule 9 of the Rules, from the moment that the Trial Chamber has been notified and the Court Management Section has ensured their transmission to the State concerned;
(c) non-confidential motions filed by the parties, from the moment they are filed;
(d) notices of appeal, as soon as they have been distributed by the Court Management Section to the Appeals Chamber and the parties;
(e) transcripts and recordings of public hearings;
(f) minutes of proceedings taken in accordance with Article 44 of the present Directive.
2. The following are to be disclosed subject to Rules 53, 75, 79 and 81 of the Rules:
(a) indictments, upon confirmation;
(b) confirmations of indictments as soon as they are signed by a Judge;
(c) warrants of arrest once they have been issued;
(d) materials concerning the arrest and transfer of an accused;
(e) preliminary motions and the requests by the parties (including texts and attachments);
(f) any evidence disclosed during the hearing as soon as such evidence has been declared admissible by the Trial Chamber in open court;
(g) minutes, transcripts and recordings of in camera proceedings;
(h) amicus curiae briefs, as soon as they have been submitted to the parties and to a Judge or a Chamber, unless the Judge or Chamber has decided otherwise in the ruling authorising the submission of the brief.
3. The following are strictly confidential:
(a) materials or documents relating to hearings held pursuant to Rule 75(B) of the Rules unless or until otherwise ordered by the Chamber;
(b) materials or documents subject to an order for non-disclosure in accordance with Rule 53 of the Rules, which documents or materials shall not be disclosed absent a further ruling by the appropriate Judge or Chamber;
(c) supporting materials to the indictment in accordance with Rule 47 of the Rules, which shall not be made public at the time the indictment is publicly disclosed nor at the time the materials are made available to the accused, unless or until otherwise ordered by the Chamber;
(d) all written witness statements used in conjunction with hearings pursuant to Rule 61 of the Rules even if such document is relied upon by the Trial Chamber in making its decision, absent further order.
4. Parties submitting documents which they do not wish to have disclosed, in whole or in part, shall bring to the attention of the Court Management Section the confidential nature of these documents by stamping or writing the word "CONFIDENTIAL" in red ink on the cover page of the documents.
5. Notwithstanding the above provisions, if the Registrar believes that a particular document should not be publicly disclosed, he may delay public access to the document and, within 48 hours of the filing to the document with the Court Management Section, bring the matter to the attention of the appropriate Judge or Chamber for decision pursuant to Rule 53 (A) of the Rules.
ARTICLE 34. CALENDAR
1. The Court Management Section is responsible for keeping a daily calendar of the scheduled hearings of the Tribunal to be used in scheduling other hearings, to provide notice and to ensure the efficient administration of justice.
2. The calendar shall be notified to the Judges and relevant Parties in a timely manner, and if no objection is received to the calendar within forty-eight hours of such notification, it shall become mandatory. A copy of the calendar of the scheduled hearings shall be posted in public view in the Tribunal. This calendar should provide the case name and number, the Judge or the Chamber, the date and time of the proceeding and whether it is a public or closed proceeding.
ARTICLE 35. SCHEDULING
1. The Registrar, Deputy Registrar or their delegate shall, in consultation with the appropriate Judge or Chamber, schedule the date and time of hearings before the Tribunal for each case, taking into account the requirements of justice and notably the right of an accused to be tried without undue delay. Judicial vacations shall be scheduled in accordance with official United Nations holidays .
2. In scheduling hearings, precedence shall be given to urgent and extremely urgent motions, to the initial appearance of the accused, to motions for provisional release, transfer or detention of a suspect, accused or detained witness, to arrest warrants, and to motions for protective orders for victims or witnesses.
3. The Registrar, Deputy Registrar or their delegate shall inform the President and the Presiding Judge of scheduled hearings in a timely manner.
ARTICLE 36. ADJOURNMENT
1. Either party requesting an adjournment must do so by filing a written motion accompanied by a draft order to postpone the scheduled hearing.
2. Parties who agree to the adjournment of a scheduled hearing must nevertheless appear at that hearing unless an order for adjournment has been signed by the appropriate Judge or Chamber prior to the scheduled hearing.
3. Such order for adjournment shall be forwarded without undue delay by the Court Management Section to the Parties.
ARTICLE 37. MOTIONS PRACTICE
1. The Court Management Section will allocate two half-days every week (which at present are Monday and Friday afternoons) for the hearing of Motions. These days shall hereinafter be referred to as "motion days".
2. Ordinary Motions Practice. When the Party filing a Motion does not move for a prompt hearing or for an immediate decision or emergency relief, the following procedure shall be followed. The Court Management Section shall bring the motion and request for hearing to the attention of the Judge or Chamber assigned to the case, which will decide whether to grant a hearing, and if so, will instruct the Court Management Section to schedule such a hearing. The Judge or Chamber may postpone taking such a decision until all the relevant pleadings, including a brief from the opposing party and reply from the moving party, if allowed, have been filed.
3. Any party may move for a prompt hearing if an immediate decision or emergency relief from the court is desired. The Party should indicate whether the Motion is "Urgent" or "Extremely Urgent", in accordance with Article 30 of the present Directive.
4. Urgent Motions. An urgent Motion shall be set down for hearing no later than the first motion day after it is filed, provided that there is sufficient time between the date of filing and the first motion day to allow the Parties to make the appropriate arrangements to attend the hearing.
5. Extremely Urgent Motions. In the case of motions which are marked "Extremely Urgent", the Court Management Section, upon receiving such a Motion, shall immediately bring it to the attention of the appropriate Judge or Chamber. In the event that the appropriate Judge or Chamber is not available, any other, available Judge or Chamber shall be seized of the Motion. Extremely Urgent Motions shall be set down for hearing no more than three days from the date of filing and in any event as soon as possible. If necessary, the Court Management Section, under the direction of a Judge or Chamber, shall arrange telephone conference facilities for the Parties to be heard without delay by the Judge or Chamber.
6. Parties shall be cautioned against the unwarranted use of the "Urgent" and "Extremely Urgent" designations.
7. Whenever a hearing is granted, the Court Management Section shall immediately issue a written notice to the Judges, Parties and Press and Public Affairs Unit of the date and time of the hearing and, in case of urgency, shall despatch such notice by facsimile and notify the Parties by telephone.
8. Pending Motions. A list of pending motions in each case shall be maintained by the Court Management Section. The Court Management Section shall bring pending motions to the attention of the Judges and relevant Parties - and, where the Motions are public, to the Press and Public Affairs Unit - in a timely manner, and, in any event, at least on a weekly basis.
ARTICLE 38. STATUS CONFERENCE
1. At the initial appearance of an accused or at any time before trial, the Trial Chamber, upon request of a party or proprio motu, may order a status conference to consider any matter that will promote a fair and expeditious trial.
2. The Court Management Section shall be responsible for the preparation of status conferences and, whenever necessary, shall cause minutes to be made of the conference for the approval of the Presiding Judge. The provisions of Article 35 of the present Directive shall apply to the schedule adopted at the status conference.
ARTICLE 39. FAILURE TO COMPLY WITH AN ORDER
The Court Management Section shall bring to the attention of the Judges of the Trial or Appeals Chamber assigned to the case the failure to comply with an order by the deadline set by the Tribunal as soon as it becomes aware of such failure.
ARTICLE 40. MANAGEMENT OF HEARINGS
The Court Management Section is responsible for making all necessary arrangements for hearings and conferences, either public or in camera, and for providing the services required during the hearings and conferences, including stenotypic services.
ARTICLE 41. COURTROOM OFFICER
1. The Courtroom Officer represents the Registrar at hearings and is assisted by Courtroom Assistants. In the absence of a Courtroom Officer, or non-appointment thereof, his functions may be performed by such other staff as may be designated by the Registrar, Deputy Registrar or Head of the Court Management Section.
2. Under the authority of the Deputy Registrar, the Courtroom Officer is responsible for the functions entrusted to the Court Management Section with respect to hearings, in particular the efficient administration thereof.
ARTICLE 42. MANAGEMENT OF PLEADINGS FILED IN THE COURTROOM
1. The Courtroom Officer is responsible for receiving documents filed in the courtroom during the proceeding.
2. The Courtroom Officer is responsible for ensuring that all documents received are filed in the appropriate folder after the conclusion of each day's proceedings, and distributed to the Chamber, Parties and Press and Public Affairs Unit, as necessary.
ARTICLE 43. EXHIBITS
1. Objects only become exhibits after they have been admitted into evidence by the Trial or Appeals Chamber.
2. Prosecution and defence shall be informed that, once admitted, the exhibits are in the custody of the Courtroom Officer or his Assistants, and under the authority of the Trial or Appeals Chamber, and that they may not be removed or tampered with in any way.
3. The admission of exhibits should be recorded in the minutes of the proceedings.
4. The Court Management Section shall keep an inventory of all exhibits stored in the Archives.
ARTICLE 44. MINUTES OF PROCEEDINGS
Where necessary, the Courtroom Officer is responsible for preparing, for the approval of the Presiding Judge, minutes of the proceedings to provide a record in summary form of the significant events that occur during a proceeding, including, but not limited to:
(a) deadlines imposed by the Trial or Appeals Chamber;
(b) the Trial or Appeals Chamber's rulings on particular motions and other matters.
ARTICLE 45. APPEALS OFFICER
1. The Appeals Officer represents the Registrar at hearings of appeal matters.
2. Under the authority of the Deputy Registrar, the Appeals Officer is responsible for the functions entrusted to the Court Management Section with respect to hearing of Appeals.
3. The Appeals Officer is responsible for verifying compliance with the official requirements concerning appeals as laid down in this Directive.
4. The Appeals Officer is responsible for the expeditious management, filing, reproduction and distribution of all appeal documents.
ARTICLE 46. TIME LIMIT FOR NOTICE OF APPEAL
1. Unless otherwise ordered by the Chambers or otherwise provided by the Rules, where the time prescribed by or under the Rules for the doing of any act is to run as from the occurrence of an event, that time shall begin to run as from the date on which notice of the occurrence of the event would have been received in the normal course of transmission by counsel for the accused or the Prosecutor as the case may be.
2. Where a time limit is expressed in days, only whole days shall be counted. Weekdays, Saturdays, Sundays and public holidays shall be counted as days. However, should the time limit for appeal expire on a Saturday, Sunday or public holiday, the time limit shall automatically be extended to the subsequent working day.
3. If the time for filing a notice of appeal has expired, and a notice of appeal is received by the Court Management Section, the notice of appeal shall be accepted for filing. The Court Management Section shall notify counsel for the appellant of the untimely receipt of the notice of appeal and inform the Appeals Chamber.
ARTICLE 47. HEARINGS OTHER THAN AT THE SEAT
The Registrar will make the necessary arrangements whenever the Tribunal is to sit at a place other than its seat.
ARTICLE 48. VIDEO-CONFERENCES
The Registrar will make the necessary arrangements whenever it is ordered that a witness be heard by means of a video conference, pursuant to Rules 71 and 96 of the Rules.
ARTICLE 49. RELATIONSHIP OF THE REGISTRY TO THE CHAMBERS
1. Pursuant to Article 16 of the Statute of the Tribunal, the Registry is responsible for the administration and servicing of the Tribunal. Pursuant to Rule 33 of the Rules, the Registrar assists the Chambers, the plenary meetings of the Tribunal, the Judges and the Prosecutor in the performance of their functions. Under the authority of the President, the Registrar is responsible for the administration and servicing of the Tribunal and serves as its channel of communication.
2. To ensure smooth co-ordination between the Registry and the Chambers, the Registrar shall regularly schedule meetings with the Judges to share ideas and concerns and to work out means for enhanced co-operation and improved efficiency in the workings of the Tribunal.
ARTICLE 50. RELATIONSHIP OF THE JUDICIAL AND LEGAL SERVICES DIVISION TO THE CHAMBERS
The Judicial and Legal Services Division of the Registry assists the Chambers, and the Parties, in four areas B court management, defence counsel and detention facilities, victims and witnesses and general legal services and chambers support. The Court Management Section has the specific responsibility towards the Chambers of providing the necessary support and infrastructure for the conduct of trials and the filing and dissemination of Court documents.
ARTICLE 51. RESPECTIVE ROLES AND RESPONSIBILITIES OF THE COURT MANAGEMENT SECTION AND THE GENERAL LEGAL SERVICES AND CHAMBERS SUPPORT SECTION
1. The Court Management Section assists the Chambers in the management of hearings, in the sealing, filing and distribution of documents to Judges, the Parties and the Press and Public Affairs Unit, and in the other tasks set out in the present Directive. The Court Management Section may also be called upon to assist the Chambers by providing drafts of Orders and Warrants, particularly those of a routine nature, as the Judges see fit. Warrants requested by the Office of the Prosecutor should, however, be prepared by the Office of the Prosecutor, in accordance with Article 25(2) of the present Directive.
2. Translation. The Court Management Section shall be responsible for requesting translation of documents into the working languages of the Tribunal in accordance with Article 13(6) of the present Directive. The General Legal Services and Chambers Support Section shall be responsible for ensuring that translations of Decisions, Judgements and Orders issued by the Chambers are correct and in proper form before they are filed with the Court Management Section.
3. The General Legal Services and Chambers Support Section is responsible for providing assistance to the Chambers in legal research and drafting of decisions, judgements, opinions and orders. The Section is headed by a Section Chief who is responsible for assisting the Chambers in the manner described, for ensuring that decisions, judgements, opinions and orders are in proper form and duly signed, and for organising the work of the Legal Officers assigned to the Chambers. It shall be for the Judges to decide whether they wish the Senior Co-ordinator or Legal Officers to be present and to assist in their deliberations.
4. The administration of the General Legal Services and Chambers Support Section is not the subject of the present Directive, but may be addressed by a separate Directive on that Section or by internal guidelines issued by the Chambers.
ARTICLE 52: INTER-SECTIONAL MANAGEMENT OF THE TRIBUNAL'S WEBSITE
1. The Tribunal shall maintain a Website, namely a homepage on the internet which shall feature the Tribunal's basic texts, Decisions, Judgements, Orders, Indictments, Bulletins, Press Releases and other materials.
2. The Website shall be managed by an inter-sectional "ICTR Internet Task Force", under the authority of the Registrar.
3. Pursuant to Article 13(7) of the present Directive, the Court Management Section shall ensure that electronic copy of a document is filed simultaneously with the filing of the document. The electronic copy shall then be transmitted to the person responsible for the Tribunal's Website for the purposes of review and loading onto the homepage.