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STL Rules of Procedure and Evidence (as to 25 November 2010)

STL Rules of Procedure and Evidence (as to 25 November 2010)

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Published by: Special Tribunal for Lebanon on May 18, 2011
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08/17/2011

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Victims’ Participation Unit

(A) The Registrar shall set up a unit within the Registry responsible for assisting the victims

in participating in the proceedings in accordance with the Statute and the Rules.

(B) The Unit shall exercise the following functions:

(i)

formulate long and short term strategies in this regard;

(ii) inform the victims of their rights under the Statute and the Rules and of the

existence and functions of the Unit;

(iii) receive applications from victims seeking to participate in the proceedings in

accordance with Rule 87, verify that these applications are complete and, once

this has been done, transmit them to the Pre-Trial Judge;

(iv) ensure that the victims or their legal representatives receive documents filed by

the Parties and the files submitted by the Pre-Trial Judge, subject to any

restrictions due to confidentiality or the interests of justice, in accordance with

Rule 87;

(v) inform, in a timely manner, the victims of relevant decisions of the Tribunal that

might have an impact on their rights or specific interests, subject to any

confidentiality restrictions;

(vi) provide all necessary administrative and logistical assistance to victims

participating in the proceedings or their legal representatives; and

(vii) provide any additional assistance as ordered by the Pre-Trial Judge or a Chamber

as is consistent with the mandate and responsibilities of the Unit.

52

(C) This Unit shall also:

(i)

draw up and maintain a list of highly qualified legal representatives who meet the

criteria set forth in Rule 59(B)(i), (ii), (iii) and (C) concerning the qualifications

of defence counsel, and who have indicated their availability and willingness to

be assigned by the Tribunal to any victim participating in the proceedings;

(ii) subject to an order of the Pre-Trial Judge pursuant to Rule 86(C), ensure the

assignment of one or more common legal representative to a group or groups of

victims;

(iii) upon the request of indigent victims and subject to an order of the Pre-Trial Judge

issued pursuant to Rule 86(C), ensure the appointment of a legal representative of

their choosing who has been admitted to the list referred to in paragraph (i), or

ensure the appointment of a common legal representative who has been admitted

to the list referred to in paragraph (i) for a group of victims;

(iv) upon the request of a victim or his legal representative or proprio motu, provide

adequate assistance and support to the victim or his legal representative,

including, where appropriate, legal research, memoranda and other advice as

necessary;

(v) when necessary, provide professional training to legal representatives of victims

participating in the proceedings; and

(vi) monitor the performance and work of legal representatives assigned by the Unit to

victims participating in the proceedings or groups of victims participating in the

proceedings.

(amended 10 November 2010 and corrected 29 November 2010)

53

(D) Legal representatives of victims participating in the proceedings shall be subject to the

provisions of the Code of Professional Conduct for Counsel and the codes of practice and

ethics governing their profession.

(E) At the request of the Registrar, a Party, a victim or his legal representative, or where the

interests of justice so require, proprio motu, the Pre-Trial Judge or a Chamber may grant

the person in charge of the Unit a right of audience in relation to matters relating to the

participation of victims in the proceedings.

(F) A member of the Unit shall not take any instruction from a victim or be involved in any

manner in a specific case or proceeding before the Tribunal such that the independence of

the Unit or of the Registry may be, or may be perceived to be, compromised.

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