The International Criminal Tribunal for the Former Yugoslavia

Comparative positions on : Trials in Absentia

Proposing Body Proposal

Secretary-General The trial date is set only after the accused's

initial appearance. The accused has the right

to be tried in his presence.

Nuremberg Charter The Nuremberg Tribunal was authorized to conduct

trials in absentia if an accused was not found

or if necessary in the interests of justice.

CSCE The Court should not proceed with a trial unless

the accused has been served with the indictment

has had sufficient time and facilities to

prepare his defense.

France While every effort should be made to ensure the

presence of accused, trials in absentia should

not be excluded as a last resort. The judgement

should be annulled if the person is subsequently

present.

Italy The accused should have the right to be present

and default judgments should be excluded, unless

specifically accepted.

ICRC The right to be present at one's trial is

recognized in Additional Protocol I.

OIC There should be n trials in absentia. An accused

who refuses to appear and is not surrendered to

the tribunal should be the subject of a public

indictment and an international arrest warrant.

All Member States should have jurisdiction to

prosecute a person charged with a crime by the

tribunal when it is no longer in existence.

Russian Federation Trials in absentia should be permitted.

United States Trials should not be initiated in the absence of

the accused.

Canada There should be no trials in absentia, not with

standing practical difficulties regarding the

transfer of the accused.

Netherlands There should be no trials in absentia. The

prosecution should prepare a file for later use

if the suspect is arrested.

Amnesty International There should be no trial in absentia. If an

accused willfully refuses to appear, the tribunal

could hold a preliminary hearing to establish

basic facts about the crime, without determining

the guilt or innocence of the accused.

Lawyers Committee The trials in absentia should not be admitted.