Why can a witness give testimony in writing?
Rule 92bis of the SCSL’s Rules of Procedure and Evidence states that a Chamber (meaning: the judges) may, instead of oral testimony, admit as evidence in whole or in part, information including written statements and transcripts (a complete version of these Rules can be found on this site under Home, Documents, Special Court Documents, Rules of Procedure and Evidence). This rule usually applies to documents that either the Prosecution or the Defense want to see admitted as evidence, but may also apply to testimony of witnesses. When this is the case, the Prosecution will not examine the witness, but the Defense has the right to cross-examine the witness and the judges have the right to ask the witness questions. To comply with this rule, the witness will have to be present in Court, as is stated in Rule 92ter of the Rules of Procedures and Evidence of the Special Court.
