Your Honours, yes, there will be some motions in due course, one definitely, taking issue with the Prosecution experts. Of course that will be done once the Prosecution file those experts before the Court.
Your Honour, in addition, I alerted, just before Court sat, my learned friends that there will be an additional motion for Your Honour's consideration to allow the accused to give an unsworn statement from the dock. As Your Honours are aware, in the ICTY there is Rule 84bis which states that after a Defence opening, if any, an accused may give an unsworn statement from the dock.
Your Honour, of course, the Special Court Rules were adopted initially mutatis mutandis and then a subsequent amendment from the ICTR Rules. There is no equivalent provision in the ICTR. It is a matter, in my view, within your sovereign discretion as controllers of this case and Rule 54. I will be filing a motion on that that in due course.
The other motion I will be filing and, in fact, it's going to be with the Principal Defender but it may come in some shape or form to Your Honours' consideration is that under the Rules of the Court, that advocates with standing must have five years' call. I am going to be putting an application to the Principal Defender to allow, at least at the moment, my learned friend Mr Singh, who is a member of the Californian Bar as well as the Indian Bar, to have limited rights of audience on the condition that either me or my co-counsel is present. It would help to take some of the burden off our shoulders and use our limited resources as effectively as possible. Your Honours, that is a matter for the Principal Defender. Your Honours may be consulted and it may come before Your Honours in due course.
Your Honours, those are the only matters at this stage.
Your Honour, I do apologise. There is one additional matter which is quite important. The Defence also, and I am not sure of the timing, affidavits are being obtained at the moment and will be filing a motion for protective measures for Defence witnesses. Your Honour, my learned friend Mr Rapp, in fact, in his various press conferences recently, has stated that the Prosecution is anticipating relocating most of its witnesses, which is fine. It's a matter of course for the Defence and their resources. The Defence finds itself practically in an extremely perilous position on the ground. One of the principal reasons are that the only sanctions left in Liberia are no longer timber, they are no longer diamonds, they are linked to people that have what is rather nebulously termed an association with Charles Ghankay Taylor. His Excellency Kofi Annan, of course, has talked very briefly, and now there has been silence, about the fact that due process of the UN requires any pernicious and Draconian decision to be reviewed in the court of law.
Now, the difficulty for the Defence is numerous individuals, and affidavits are being obtained by my friends, are unwilling to speak to the Defence and their stated reason is that they are petrified of having travel bans imposed upon them and having their assets frozen by the Security Council because they are associated to the defence of Charles Taylor. What makes that more Draconian is there is no mechanism in the international legal order at the moment in play to review for those individuals to go before a judicial body, or even an administrative body, to review whether or not those travel bans are appropriate and justified. There are individuals who have been on travel bans for years and years, and they protest that these are totally uncalled for, but the short of it and the nub of it is that this Security Council intervention, which is non-reviewable in a court of law, is having a very severe impact, and has had a very severe impact, on the ability of the Defence to get witnesses in order to investigate this case in the manner required.
Your Honour, it's a difficult issue because it impacts on the Security Council, but Your Honour will be seized of a motion in due course that in relation at least to witnesses that are named Your Honours will be requested in due course to grant some form of relief so that those individuals should not be targeted by the Security Council, or the powers that be, in due course because that, in my respectful submission, would amount to witness intimidation, whether it comes from a group or a party or even as august a body in the international legal order as the Security Council of the United Nations. Your Honour, that is an additional matter that will be before Your Honours at some point.