Trial Chamber II, composed of Judge William Sekule (presiding), Judge Yakov Ostrovsky and Judge Lennart Aspegren, granted the motion filed by the Prosecutor for measures to be ordered for the protection of victims and witnesses to crimes, called to appear in the trial of Elie Ndayambaje, to be ordered.
During consideration of the motion, the Defence stressed that the protection of witnesses and victims is a principle that is enshrined both in the Statute and the Rules of Procedure and Evidence of the Tribunal. It was, therefore, not its intention to call that principle into question. However, the Statute and the Rules of Procedure and Evidence also protect the rights of the accused. And "... it is vital that the public is informed about what really happened".
The Chamber, after having deliberated, decided to grant the same measures as those granted in previous cases, namely Georges Anderson Rutaganda (Press Release No.18); Jean-Paul Akayesu (Press Release No. 19 of 3 October 1996); Obed Ruzindana and Clément Kayishema (Press Release No.28 of 7 November 1996).
In all, seven measures were decided. In the seventh, the Prosecutor is ordered to disclose to the Defence the identity of the said protected victims and witnesses as well as their non-redacted statements within 30 days prior to the trial in order to allow the Defence sufficient time to prepare.