Internal Rule 76

<div><b>Rule 76. Applications Concerning Procedural Defects</b></div><div>1.<span class="Apple-tab-span" style="white-space:pre"> </span>Where the Co-Investigating Judges, at any time during the judicial investigation, consider that any part of the proceedings is null and void, they shall notify the parties of the matter. Subject to sub-rule 6 below, the Co-Investigating Judges shall then submit a reasoned application to the Chamber requesting annulment. The judicial investigation may continue during this period.</div><div><br></div><div>2. Where, at any time during the judicial investigation, the parties consider that any part of the proceedings is null and void, they may submit a reasoned application to the Co-Investigating Judges requesting them to seise the Chamber with a view to annulment. The Co-Investigating Judges shall issue an order accepting or refusing the request as soon as possible and, in any case, before the Closing Order. Such orders shall be subject to appeal in accordance with these IRs.</div><div><br></div><div>3.<span class="Apple-tab-span" style="white-space:pre"> </span>The Greffier of the Co-Investigating Judges shall register the application immediately. Where the Co-Investigating Judges decide to accept the application, they shall forward the case file to the Chamber.</div><div><br></div><div>4. The Chamber may declare an application for annulment inadmissible where the application: does not set out sufficient reasons; relates to an order that is open to appeal; or is manifestly unfounded. The decision of the Chamber is not open to appeal. When the decision is made not to admit an application, the case file shall immediately be returned to the Co-Investigating Judges.</div><div><br></div><div>5. Where the Chamber decides to annul an investigative action, it shall decide whether the annulment affects other actions or orders. Where actions or orders are annulled in part, such part shall be cancelled after making a certified copy of the original. All such annulled actions or orders, and certified copies, shall be removed from the case file and archived by the Greffier of the Chamber. After any such annulment or cancellation, the Chamber shall return the case file to the Co-Investigating Judges. It is prohibited to draw any inference against the parties from such annulled actions or orders or from the cancelled parts thereof. Any Judge, Co-Prosecutor or lawyer who engages in such activities shall be subject to disciplinary proceedings as provided in Rules 6 and 35 of these IRs.</div><div><br></div><div>6. A party whose interests have been affected by an invalid investigative action may waive the right to request annulment, and thus regularise the proceedings. The Co-Investigating Judges shall record such renunciation in the case file. Where the requesting party has a lawyer, the Co- Investigating Judges shall summon such lawyer at least 5 (five) days before the date of recording the renunciation, so that the lawyer may examine the case file.</div><div><br></div><div>7. Subject to any appeal, the Closing Order shall cure any procedural defects in the judicial investigation. No issues concerning such procedural defects may be raised before the Trial Chamber or the Supreme Court Chamber.</div>