Christine Graham
Senior Appeals Counsel
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About this Video

Country of Origin:
Sweden
Interview Date:
October 29, 2008
Location:
Arusha, Tanzania
Interviewers:
Robert Utter
Donald J. Horowitz
Videographer:
Max Andrews
Timestamp:
12:51 - 17:37

Transcript

0:00
Robert Utter: From a legal standpoint, do you deal with a mixture of civil and common law concepts?
0:06
We, we do. I’m myself is of course is from a civil law system. However, the Swedish system is very much like a hybrid system. It has similarities to what we do here in the sense that you have two independent parties litigating an issu-, two parties litigating an issue before an independent panel of judges.
0:32
And here, just like in Sweden, we are not too hung up on admissibility and so forth because we don’t have to deal with a jury. So the transition from a Swedish Criminal System to the systems of the tribunal wasn’t too difficult for me. However, I felt I have – I feel I have learned a lot in relation to – particularly common law, in terms of examination of witnesses.
1:01
We do it slightly different. The, I find the common law examination is much more struct-, structured and more – we tend to focus our witnesses more, whereas, on specific questions and transition them from one area to another, whereas many times in Sweden, an examination would be much more of a narrative and it’s supposed to be more of a narrative in the sense that the witness just tells the story freely.
1:28
Whereas if we do that here, we would probably hear one witness every three weeks and, you know, it can’t be done like that . . .
1:34
RU: Yes.
1:34
. . . so we tend to structure the witness much more.
1:38
RU: We had an interview about this time yesterday . . .
1:40
Mm-hmm.
1:41
RU: . . . with a defender who’d been on his case for eight years. Is this common in the cases with the ICTR?
1:49
It is common. I would say it’s common for the l-, the, the multi-accused cases because they got started early on. M-, many, well some of the indictment against several accused like Military One, Military Two, the Butare Case.
2:07
RU: And that was his case.
2:09
Yeah, Government One and Two; those indictments are fairly old so obviously then defense counsel was appointed, although it took various y-, several years before they went to trial. So that means that counsel for the de-, defendant has many times been on the case for a long time if, you know, providing their – the cooperation between them and (__) the work worked out, but certainly it’s not uncommon. I know several of the defense counsel in Mil One has been on the brief or on, acted for that defendant for many years.
2:42
RU: How many cases approximately have been tried to completion in this panel?
2:48
I think we are somewhere reaching 40 now. Is it around 37 accused that has been, reached completion. They – we’re waiting for a bulk. I mean obviously once the Mil One comes out its four more and we have a number of single accused cases that are expected within the next couple of months. So it’s in that region. I don’t know. I don’t have the statistics.
3:15
RU: Of the approximately 37, do you, can you give a guess on how many had been reversed or returned on conviction?
3:24
Well you mean on appeal or on first instance?
3:26
RU: First instance, to start with and then on appeal.
3:29
I think we have four acquittals . . .
3:31
RU: Mm-hmm.
3:32
. . . Yeah. Yeah, it’s n-, yeah – we have a few acqu-, acquittals. More than two, I think (__), there’s four.
3:40
RU: And then on appeal?
3:42
Well, we haven’t had – we had a recent judgment just the other month which wasn’t a complete acquittal but it’s, it was, a re-trial has been ordered. So that’s a – we haven’t had a reversal from a conviction to an acquittal on appeal. I have to think as I speak now. There was one – we had that situation in The Hague with the Kupreskic brothers, but don’t think we have it here.
4:12
We have had acquittals confirmed on appeals as acquittals but we don’t have – we haven’t had a reverse, reversal from conviction to acquittal.
4:20
RU: Do you have the ability as a prosecutor on appeal to appeal the acquittal at the lower level.
4:26
Yes, we do and, and (_______) for some common law judges that, that must sound quite strange but we do.
4:34
RU: The world is made up of different customs. We can understand that.
4:37
Yeah, yeah.