LEGAL AND TECHNICAL SUPPORT IN CASES OF DEPARTMENTS I AND II
The Criminal Defence Section (OKO) provides comprehensive legal and technical support to attorneys representing persons suspected or accused of offences falling under the jurisdiction of Department I (War Crimes) and Department II (Organized Crime, Economic Crime and Corruption) of the Court of BiH.
Legal Support
OKO provides expert legal advice primarily to attorneys handling war crimes cases, but also to those involved in cases of organized and economic crime.
OKO advisors possess specialized knowledge and access to relevant international and domestic legal sources, enabling them to effectively perform the following functions:
• Case Analysis: each new case is thoroughly examined to identify key legal issues and the nature of the charges;
• Research and Memoranda: legal memoranda and arguments are prepared to resolve identified issues;
• Work with Evidence: OKO has the exclusive function of searching and certifying evidence through the
Electronic Disclosure System (EDS) of the former ICTY, and today’s
International Residual Mechanism for Criminal Tribunals (IRMCT), as well as through its
Unified Court Records / Open Source Database (UCR/OSD).
More information on both databases is available in the next section.
• Participation in Trials: OKO advisors actively and regularly attend hearings and provide legal support to defence counsel at all stages of proceedings before the Court of BiH, including preparation of legal arguments, presentation of evidence, and development of legal analyses.
NOTE
The Unified Court Records / Open Source Database is an online research tool developed by the
International Residual Mechanism for Criminal Tribunals (IRMCT) to provide access to the jurisprudence of the ICTY and ICTR, as well as the Appeals Chamber.
UCR/OSD offers summaries of key judgments and decisions, together with full texts, making it easier for legal professionals to search and research legal precedents from these courts.
UCR allows users to search various types of documents, including indictments, trial transcripts, and audiovisual recordings of hearings.
It was launched on 1 September 2020 with the aim of improving public access to these records and facilitating legal research.
The database is available online and provides a comprehensive collection of judicial documents related to these courts.
Please note that UCR/OSD does not include confidential decisions or repetitive summaries of already established jurisprudence, and does not necessarily contain all significant decisions of the ICTR, ICTY, and IRMCT Appeals Chambers.
EDS (Electronic Disclosure System)
A particularly significant aspect of OKO’s work is the use and search of the
Electronic Disclosure System (EDS).
The EDS database represents the most extensive collection of evidence, transcripts, and judicial decisions from ICTY proceedings and is accessible only to a limited number of institutions.
OKO has exclusive authorization to search and use this database, which enables attorneys to:
• quickly locate relevant evidence and previous testimonies;
• gain insight into international standards of proof;
• develop arguments based on established precedents;
• certify evidence for use in proceedings before the Court of BiH.
EDS stands for Electronic Disclosure System.
It is a comprehensive system for managing and providing access to the extensive archive of documents and evidence collected by the
ICTY Office of the Prosecutor.
EDS facilitates the fulfilment of the obligation to disclose evidence to the defence and enables the exchange of case-related information, functioning as a searchable archive for legal officers and prosecutors.
Purpose of EDS
• Evidence Disclosure Obligation:
EDS was created to help the ICTY fulfil its obligation to disclose evidence to the defence in criminal proceedings.
• Evidence Management:
It serves as an extensive archive of documents and evidence collected over the years by the ICTY Office of the Prosecutor.
• Access to Information:
The system enables searchable access to this material, allowing legal professionals and prosecutors to efficiently locate and use information in their cases.
Technical Support and Research
Certification of Evidence
One of OKO’s exclusive functions is the certification of evidence obtained from international sources, particularly from the Electronic Disclosure System (EDS) and other archives of the former International Criminal Tribunal for the former Yugoslavia (ICTY).
Certification of evidence is carried out in accordance with international and domestic criminal law standards to ensure their:
• legal validity before the Court of BiH;
• authenticity and reliability;
• unquestionable acceptance in court proceedings.
The combination of access to international databases, expert knowledge, and authorization to certify evidence makes OKO a key partner to attorneys in providing high-quality and effective defence.