The Court Management Section
The Court Management Section [CMS] provides administrative, judicial and logistic support to the proceedings before the three Chambers of First Instance, as well as the Appeals Chamber of the Tribunal. The Section comprised of some 50 staff members is divided into 4 units: the Judicial Proceedings Unit, the Appeals Unit (with its sub-unit in The Hague), the Judicial Records & Archives Unit and the Court Reporters Unit.
The Judicial Proceedings Unit consists of three teams, each one supporting a Trial Chamber. The objective of the Chamber support team structure is to ensure the smooth running of the judicial proceedings. Each team is composed of a CMS Coordinator, a Court Room Officer, a Court Room Assistant, and a Judicial Proceedings Assistant. Each team is supported by two Records Clerks from the Judicial Records & Archives Unit.
The CMS Coordinator is the team leader, and is a focal point for the Registry, liaising between the Chamber the parties and other registry support sections. The CMS Coordinator ensures the accurate processing of all judicial documents filed before the Chamber. This includes the filing of each document in the official case file, correspondence file or confidential file (Judicial Records & Archives Unit), the accurate service of each document to the Chambers and parties, with special attention to the whereabouts of defense counsel who may be either in Arusha or in their home countries, and finally the digitisation of judicial documents for access via the electronic recordkeeping system TRIM database.
The CMS Coordinator follows-up on all matters pending before the Chamber, responding to correspondence from the parties, issuing notices, setting deadlines, etc. The CMS Coordinator, maintaining lists of motions pending before the Chamber and follows up matters with other registry support sections such as the Detention Facility (UNDF), the Witness Protection Section (WVSS), Defence Lawyers Section (LDFMS) or the Administration, on behalf of the Chamber. Judicial Proceedings Assistant tracks the status of translation of documents with the Language Section, providing key support to the Chamber: deadlines for parties to submit their briefs and the dates set down for hearings are established in relation to the availability of documents in the official languages of the Tribunal. The CMS Coordinator maintains and publishes the Chamber’s Judicial Calendar every month in close consultation with the Chamber and Parties.
In order to ensure smooth proceedings in court, the Court Room Officer ensures the presence of the defendant in Court (liaising with defendant directly as well as with the Detention Facility) and notifies the all other actors (court reporters, interpreters, audiovisual team, etc.) of up-to-the-minute changes in the court calendar. The Court Room Assistant prepares, as necessary, the documents the Judges will need in court. The Court Room Officer, who represents the Registry in court, introduces the case, ushers in the detainee, and responds to issues relating to the discharge of the Registrar’s functions. The Court Room Officer takes the Minutes of the proceedings, which are posted on the website by noon of the following day, allowing the CMS Coordinator to follow up all matters raised in court. The Court Room Assistant ushers in the Judges, handles documents and exhibits in the Court Room and assists with technical support.
The Appeals Unit operates in a similar way to the CMS teams supporting each Chamber, however it has the added challenge of providing support to the Appeals Chamber which is based in The Hague, and which periodically sits in Arusha for Appeals Hearings. As appeals documents may be filed either in The Hague or in Arusha, following Rule 117ter of the Rules of Procedure and Evidence, a Sub-Unit of ICTR Appeals Unit (CMS) has been created in The Hague, providing Registry support services to the Appeals Chamber, effectively ensuring that a complete set of the ICTR Appeals Records are maintained in The Hague.
The team in Arusha processes all appeal documents filed in Arusha, both appeals against Decisions at first instance, as well as Appeals against Judgement or Sentence. The Unit will transmit all relevant documents to the Appeals Sub-Unit in The Hague, to the relevant first instance Chamber in Arusha (for interlocutory appeals) and to the parties. If the document is filed in The Hague, the Sub-Unit in The Hague will perform the same functions in mirror image. The Appeals Unit will ensure that all Appeals documents are scanned into the TRIM database. Furthermore, when a Judgement or Sentence is appealed, the Appeals Unit oversees the certification of the Trial record, and facilitates the designation, but the parties of the parts of the record, which they agree are necessary in accordance with Rule 109 of the Rules of Procedure and Evidence. The unit also organizes appeals hearings.
The Judicial Records and Archives Unit is responsible for providing day to day records management service which includes receipt, filing, distribution, storage and preservation [refer to Article 11 of the Directive for the Registry on Court Management]. The Unit holds all the judicial records of the Tribunal including case files [refer to Article 13], correspondence files, interlocutory appeal files, appeal on merits files, exhibits, audio cassettes, video cassettes, transcripts, confidential records and other records in many different formats [refer to Article 10]. The staff of the Unit undertake a meticulous procedure to ensure accurate and timely service of each document. These documents are served to the accused, the defence counsel (based in different parts of the world when not present at the seat of the Tribunal), the Office of the Prosecutor (Arusha, Kigali, The Hague), the Chambers in Arusha and the Appeals Chamber in The Hague.
Article 9 of the Directive on Court Management outlines the main functions and responsibilities of the Judicial Records and Archives Unit.
The Unit also has traditional archival functions such as long-term preservation and retention and disposal responsibility for the judicial records. The Tribunal’s judicial records will be transferred for retention to the UN HQ Archives Service in New York as cases are completed. The Audio-Visual and Exhibit sub-unit is responsible for maintaining the audio and video recordings of the proceedings as well as the exhibits of each case. They also maintain numerous electronic versions of judicial documents and various other databases for statistical purposes. The organigram shows the staffing structure that is in place in the Unit as of June 2002.
The Judicial Records and Archives Unit is working on several recordkeeping initiatives including a recordkeeping metadata standard which will ensure standardisation of data entry in the recordkeeping system, a thesaurus of terms which will enhance access and retrieval of electronic records and a retention schedule which will asist the archiving function of the Unit. The final retention schedule adopted will be influenced by the input of the UN Archives and Records Management Section and internal requirements of the ICTR. The retention schedule is by necessity a high level document that is very broad in its language. Therefore, in conjunction with the retention schedule a detailed Implementation Guide has been prepared. This is intended to address issues such as longterm access to the ICTR's records. Careful attention to disposal policy will determine what is kept for future research purposes.The recordkeeping framework of the ICTR as depicted is a broad overview of existing ICTR recordkeeping systems in place. Ideally the retention schedule should reflect the ICTR policy position with regard to most of these systems.
All paper records are digitised, as received into the Unit’s electronic recordkeeping database [TRIM], which is accessible by staff from their desktop computers. Photographic [photographs, slides and A4 size maps & sketches] and physical records [exhibits] are also being digitised into TRIM. Audio and video recordings only have metadata [index] elements in the recordkeeping system. Judicial Records and Archives Unit staff also maintain the publicly accessible judicial records database with assistance from EDP/MIS staff. They also undertake the data entry and digitisation of records for the judicial recordkeeping database. The unit also provides user training in the use of the recordkeeping system, issues notices and manuals on its use. The TRIM electronic recordkeeping system has become an indispensable tool to the daily work of CMS and many other legal staff of the Tribunal. The overall framework and change in design of the system is graphically depicted in this document - TRIM architecture.
Access to ICTR Judicial Archives - Members of the public can either use the TRIM e-Drawer interface or contact the Press and Public Affairs Section to get copies of public judicial records. Parties to the proceedings are normally given copies of relevant judicial documents by the staff of the Judicial Records and Archives Unit [JRAU].
Office hours of the JRAU are 8.30 am to 5.30 pm Monday to Thursday and 8.30 am to 2.00 pm on Fridays. All times are East African - [GMT +3hrs]
The Court Reporters Unit is part of the Court Management Section. It is organized into two groups; English speaking Court Reporters and French speaking Court Reporters. It comprises 24 (twenty-four) Court Reporters (12 English speaking and 12 French speaking) and two Supervisors (one for each language pool).Under the direction of the two Supervisors, it is charged with the verbatim recording and production of permanent transcript records of all judicial proceedings of the ICTR including the timely provision of transcripts to Chambers and parties. This process includes, inter alia, verbatim recording in Court (machine shorthand process), transcribing of the shorthand into English or French text (editing); first proofreading of the text by the author, including research of spelling, names,; second proofreading by another Court Reporter; merging of the different hardcopy sections of transcript; Preparation of the index; Merging of the electronic files; Printing, copying and transmitting for filing.
Court Management Forms:
CMS1 Form ([English] [French]): On 18 April 2000, the Registry issued a new form (CMS1) pursuant to Rule 26 of the Directive for the Registry, Court Management Section. This form provides a coversheet sheet for each judicial document for filing and transmission to the Registry. Article 27 of the Directive for the Registry, Court Management Section clearly indicates that it is the responsibility of filing parties to ensure the transmission of their documents to the Court Management Section (not to the central Registry of the Tribunal). The use of this form shall ensure this, as it directs the document to the correct Court Management team handling the case.
ARTICLE 27. RECEIVING DOCUMENTS
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.
1.This form, is designed to facilitate and expedite the follow-up of judicial documents and rationalise the processing and prioritisation of translations, has been circulated to the Parties and the Appeals Chamber Unit, who are mostly already using it to file their documents with the Court Management Section.
2.The utilisation of this form will substantially increase processing efficiency in accordance with Article 27(4) of the Directive for the Registry, Court Management Section, namely that: “the date of filing is the date that the document was received by the Court Management Section”.
3.In this respect it is vital that all documents for filing are correctly addressed to the person within the Court Management Section who is responsible for processing the filing. These persons are as follows:
4. The CMS1 Form acts as a cover letter, facilitating the correct delivery to the Legal Officer in the Court Management Section.
5. The form allows a filing Party or Chambers to indicate whether it will oversee the translation of the document. Defence Counsel may outsource translations and submit costs along with their other claims and fees to the Registry.
CMS 5 Form (bi-lingual): Request for Judicial Documents
This form is the only official method to request for a document from the Judicial Records and Archives. In can be downloaded, completed and returned by email to the Judicial Records and Archives Unit. It allows for requests to be tracked and processed.
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