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contribution 18 - Roux François

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Preventive detention

François ROUX

transtlated version

Since we mentioned civil a while ago, let me state that before the Cambodia Tribunal, the maximum preventive detention time is three years; that is, if after three years the trial has not commenced, examining magistrates are bound to release the suspects. And if the proceeding has commenced, that decision rests with the Chamber.

In the civil law system, I wonder if you would have a case as long as the Butare case.

To respond to Silvana Arbia, I would like to say that in respect of pleas of guilty which I refer to, none of the two persons whom I stood for in the pleas of guilty were not convicted. I have not defended any ^genocidaere. The first one was acquitted, but the other one was convicted, but not for genocide. So there is no reason why States today do not wish to welcome Mr. Ntagerura and the other person who was acquitted.

Saidou Guindo has recalled that there is some clash at the detention facility with Defence lawyers. Let me put a request to the president of the Tribunal who has had an opportunity to observe the working conditions of Defence counsels.

If you have the opportunity, Mr. President, to go to the detention facility without using the main entrance but using the dirty path which Defence counsels are required to use, especially during the

Adama, yes. Yeah, can speak, please. Please. I am not kidding. No, no, no. I have heard Prosecutor ^Olsten say what makes the International Criminal Courts, which is the part played by the Defence. If you use that path used by Defence lawyers, you would do like we have done. You are going to start legal action.

In respect of security measures, lawyers have been required to present their case files by persons who claim that they are unable to read because they cannot read the substance. And I believe that is a violation of confidentiality, especially when I was dealing with pleas of guilty when my document was leafed through.

On this specific score, the commanding officer had consented that during pleas of guilty, my case file should not be opened. I had stated that if the Arusha detention facility is to become a model, how would you then explain in Kigali that warders have a right to search the files of lawyers? This must end.

I have made a proposal. Those files, case files should be put through the x ray machines. And if nothing is found, they should let the lawyers through. This is a matter of principle. And the day you will need a lawyer, then you will be happy to have lawyers who defend principles.