Steven Kay QC Addresses the European Academy of Law

Post by Kathryn Hovington

Steven Kay QC will speak today at the European Academy of Law (ERA) in Trier, on the topic of ‘Liturgy or Rites? Defence rights in the international context: some lessons learned before the International Tribunals’.

He will detail defence issues including restrictions placed on the defence when challenging the prosecution case. Such restrictions have included those faced by the Kenyan Defence teams at the ICC, who received disclosure only 30 days before the commencement of the confirmation of charges hearing; an inadequate timeframe within which to properly respond to the case. The Milosevic trial similarly displayed restrictions on the Defence. Unrealistically narrow time limits for proceedings were imposed and the quantity of witnesses was restricted, despite the constant flood of disclosure by the Prosecution and the extensive factual matrix of the case.

Mr Kay will also highlight the lack of impartiality of the Bangladesh International Crimes Tribunal. The President of the tribunal’s Trial Chamber 1 participated in the compilation of a report in 1993 documenting crimes from the war and urging prosecutions of certain individuals, one of whom he is currently trying. A Defence request for his recusal led to Counsel being reported to the Bar Standards Board, which dismissed the complaint.