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Situation in the Democratic Republic of the Congo, Prosecutor (on the application of Victims) v Ntaganda (Bosco), Public redacted version of decision on admission of prior recorded testimony of Witness P-0773 under Rule 68, Case no ICC-01/04-02/06-1667, ICL 1777 (ICC 2017), 27th February 2017, International Criminal Court [ICC]; Trial Chamber VI [ICC]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 17 October 2019

Whether allowing under Rule 68(2)(b) of the Rules of Procedure and Evidence (‘Rules’) the introduction of a witness’s prior recorded testimony that contained several discrepancies without giving the Defence the opportunity to cross-examine the witness would prejudice the accused’s rights.

Whether it was appropriate instead, rather than allowing said introduction of a witness’s prior recorded testimony under Rule 68(2)(b), to allow the introduction of such prior recorded testimony under Rule 68(3) of the Rules.

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