At the request of either party or proprio motu, a Judge or a Trial Chamber may issue such orders, summonses, subpoenas, warrants and transfer orders as may be necessary for the purpose of an investigation or for the preparation or conduct of the trial.
where fresh evidence was tendered from a witness who was said not to have been available at the trial, it was essential that an affidavit should be sworn by the defendant’s solicitor describing the circumstances in which the witness came forward to make the statement and the circumstances in which the statement was made.
As I understand it, that is to be done at the beginning of the proceedings. So an appellant who is seeking to overturn his conviction through additional evidence should have that evidence when he is making application to have it admitted. I think that is the principle.
Done in both English and French, the English text being authentic.
___________________________
Mohamed Shahabuddeen
Dated this 1st day of July 2003
At The Hague
The Netherlands