criminal case. First and foremost, in order for a document to be of probative
value and to prove something material about a case, it must not have been
manipulated or tampered with in any way. Any changes to the document
may distort its original content, with the possibility that the document no
longer provides a full account of the occurrences. Judges will therefore
consider the following elements of a piece of documentary information:
• Origin: where and by whose actions this document came into
existence.
• Content: the subject matter discussed in the document.
• Corroboration: the extent to which this document supports other
findings in the case at hand.
• Truthfulness: the extent to which a document appears to present a
fair account of the truth.
• Voluntariness: whether the document was obtained through valid
means.
• Reliability: the extent to which all of the above criteria contribute
to the ability to rely on this document. 77
The probative value of documentary information is increased by
recording a clear, detailed and accurate description of it as soon as possible
after its collection. This also contributes to its being assessed as truthful and
reliable. The more accurate the description of the origin and content of the
piece of documentary information at the time of its creation, the easier it will
be for judicial authorities to compare this to the current state of the
information. Conversely, the documentary information’s probative value is
compromised if the origin and content cannot be determined accurately or if
there is a discrepancy between original and current condition of the
documentary information without a valid explanation, which leaves the
possibility open that the information is tampered with.
Generally speaking, international criminal courts and tribunals tend to
be less strict in admitting documentary information as evidence than national
courts. 78 Judges at international criminal courts and tribunals may admit as
evidence any piece of information deemed to be of sufficient probative
77
The Procecutor v. Tadic, Case No. IT-94-1-T, Decision on the Defence Motion on Hearsay, para. 1519 (Aug. 5, 1996), discussed in Robert Cryer, Hakan Friman, Darryl Robinson and Elizabeth Wilmshurst,
AN INTRODUCTION TO INTERNATIONAL CRIMINAL LAW AND PROCEDURE, 466 (2010).
78
Robert Cryer, Hakan Friman, Darryl Robinson and Elizabeth Wilmshurst, AN INTRODUCTION TO
INTERNATIONAL CRIMINAL LAW AND PROCEDURE 465 (2010).
61
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