Office of the Prosecutor: Prosecution's Response to the "Réponse de la Défense à l'invitation de la Chambre de Première Instance à présenter des conclusions sur des questions devant être tranchées à un stade précoce de la procédure" – 15 August 2007 (ICC-01/04-01/06-941)

The Office of the Prosecutor (OTP) filed its response to the Defence submissions of 7 August on 15 August 2007. In its response the OTP outlined its communications with Defence Counsel on the proposed delay of the scheduled hearings. As part of their consultations the OTP advised the Defence to request that the Trial Chamber maintain the proposed schedule of 18 July 2007 pending further discussion during the hearing of 4 September 2007. The OTP opposed the Defence request for an extension submitting that the proposed agenda was sufficiently generous to provide the Defence with adequate time to familiarise itself with the case file.

The OTP’s position was based on the following considerations and observations:

-          Issues 6A, 6B, 6C, 6D, 7E, 7G, 8H and 8I were considered to be predominantly of a procedural nature and did not require in-depth knowledge of each substantive aspect of the case;

-          The extension of the hearings as proposed by the Defence would result in a significant delay of the commencement of the trial;

With respect to issue 7F on procedures for instruction of expert witnesses, the OTP conceded that the Defence would indeed require additional time to prepare and make a determination and was therefore not opposed to re-scheduling the hearing of 25 September 2007 on this issue.

Furthermore, the OTP suggested adding two issues to the list of subjects that require early determination, namely:

-          The place of the trial, and

-     The manner in which evidence should be submitted, referring to article 64 (8b) of

      the Rome Statute and Rule 140 of the Rules of Procedure and Evidence.

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