OR: ENG
TRIAL CHAMBER I
Before:
Judge Erik Møse, presiding
Judge Sergei Alekseevich
Egorov
Judge Dennis C. M. Byron
Registrar: Adama Dieng
Date: 4 May 2005
THE PROSECUTOR
v.
Aloys SIMBA
Case No. ICTR-01-76-T
DECISION ON DEFENCE RENEWED REQUEST
FOR SITE VISITS IN
Office of the Prosecutor:
Richard Karegyesa
Sulaiman Khan
Ignacio Tredici
Amina Ibrahim
Counsel for the Defence
Sadikou
Ayo Alao
Beth Lyons
THE INTERNATIONAL CRIMINAL TRIBUNAL FOR
SITTING as Trial Chamber I, composed of Judge Erik Møse, presiding, Judge Sergei Alekseevich Egorov, and Judge Dennis C. M. Byron;
BEING SEIZED OF the “Requête en extrême urgence de la défense en vue du transport du tribunal sur les lieux”, filed on 22 March 2005;
HEREBY DECIDES the motion.
INTRODUCTION
1. The Defence has renewed its request for the Chamber to conduct site visits in Rwanda at a number of locations described by Prosecution witnesses and mentioned in the Indictment. The Chamber denied a similar request on 31 January 2005, but noted that the Defence was at liberty to renew its request at the close of the case.[1] The Defence argues that site visits will provide a greater understanding of the charges and their material probability as well as reveal the implausibility of many of the allegations and descriptions of the locations relevant to the Prosecution case.
DELIBERATIONS
2. The need for a site visit must be assessed in view of the particular circumstances of each trial.[2] In view of the logistics and costs involved, a decision to carry out a site visit should preferably be made when the visit will be instrumental in the discovery of the truth and determination of the matter before the Chamber.[3] A site visit is not necessary in this case. The evidence on record is sufficient to allow the Chamber to make a proper assessment of the credibility of the witnesses and the charges against the Accused.
FOR THE ABOVE REASONS, THE CHAMBER
DENIES the Defence motion.
Arusha, 4 May 2005
[Seal of the Tribunal]