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REGULATION NO. 2000/17

ON THE ADMISSIBILITY OF CERTAIN WITNESS STATEMENTS

IN PRELIMINARY INVESTIGATIONS

The Special Representative of the Secretary-General,

~~Acting pursuant~~Pursuant to the authority given to him under United Nations Security Council rResolution 1244 (1999) of 10 June 1999,

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo and UNMIK Regulation No. 1999/24 of 12 December 1999 on the Law Applicable in Kosovo,

For the purpose of facilitating preliminary investigations by the investigating judge,

Hereby promulgates the following:

Section 1

ADMISSIBILITY OF WITNESS STATEMENTS

A witness statement made in writing by an officer serving with a relevant law enforcement authority in the course of his or her investigations shall be admissible in the preliminary investigation. This provision applies only where that same witness has not yet been examined by the investigating judge and cannot be examined by the investigating judge because he or she is inaccessible to relevant authorities, even after all necessary measures have been undertaken to locate him or her.

Section 2

RELEVANT LAW ENFORCEMENT AUTHORITY

For the purposes of this regulation, the phrase “relevant law enforcement authority” shall be defined as including the international security presence in Kosovo, known as KFOR and the Civilian Police of the United Nations International Administration Mission in Kosovo (UNMIK), also known as the United Nations International Police or as UNMIK Police.

Section 3

THE RIGHTS OF THE ACCUSED

The provision in section 1 shall not prejudice the rights of an accused under applicable law to examine, or have examined, witnesses against him at the main trial.

Section 4

TRANSITIONAL PROVISION

Sections 1, 2 and 3 of the present regulation shall apply also to criminal proceedings initiated between 10 June 1999 and the date of the present regulation.

Section 5

ENTRY INTO FORCE

The present regulation shall enter into force on 23 March 2000.

Bernard Kouchner

Special Representative of the Secretary-General

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