Emile Short
speaks on ...
the distinction between coaching witnesses and preparing them to testify


I took part in the first case in this tribunal which had to determine whether it was proper for the prosecution to prepare their witnesses before they testify. And we held that there was nothing wrong with the process of preparing witnesses, provided they don’t coach them, you see. We drew a distinction between coaching witnesses and preparing them to testify. That decision was affirmed on appeal.
But the interesting part of this is that the ICC has given a decision contrary to ours, you see. And – but I think that our decision has been upheld by our sister tribunal, but there are decisions also by the ICTY, our sister tribunal, which has adopted our approach and our position. And so that, that is, to my mind, is a very important landmark, you know, decision as to, as to the limits to which counsel, pr-, especially prosecuting counsel, can go in preparing a witness to testify, you know.
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About this video

Country of Origin:
Interview Date:
October 21, 2008
Arusha, Tanzania
Donald J. Horowitz
Robert Utter
Max Andrews
Excerpt From:
Part 9
Submitted By:
Voices from the Rwanda Tribunal team