Decisions of Pre-Trial Chamber I Concerning the Two Annexes II

ICC-CPI-20050805-106

On the 14 June 2005, Pre-Trial Chamber I issued a decision convening a hearing on the 8th of July 2005 concerning the protection of victims in the situation in the Democratic Republic of Congo. At the hearing, those making observations provided redacted copies of two Annexes (referred to as “the two Annexes II”) to the Prosecutor and the Ad Hoc Counsel for the Defence. 

On 14 July 2005, Pre-Trial Chamber I issued the ”Decision on the Prosecutor’s Position on the Redactions in Annexes II” pursuant to which it decided not to provide the Prosecutor at that stage with an unredacted version of the two Annexes II because the redactions did not prevent the Prosecutor from providing an answer to the observations made at the hearing. 

On 5 August 2005, Pre-Trial Chamber I issued the “Decision concerning the Two Annexes II “pursuant to which it ordered the Registrar to provide the Prosecutor with a non-redacted version of the two Annexes II and decided that a non-redacted version of the two Annexes II shall not be made available to the Ad Hoc Counsel for the Defence. In reaching its decision the Pre-Trial Chamber I considered: (i) that the Ad Hoc Counsel for the Defence has not presented any objection to the redactions of the two Annexes II and has already filed his response to the observations made at the hearing; (ii) that the Prosecutor is bound by duties of confidentiality and protection of victims and witnesses; and (iii) that the proposed redactions refer to information already in the possession of the Prosecutor or which the Prosecutor can obtain by simple search of the internet combined with his knowledge of the situation.