Rule 82 Restrictions on disclosure of material and information protected under article 54, paragraph 3 (e)

Where material or information is in the possession or control of the Prosecutor which is protected under article 54, paragraph 3(e), the Prosecutor may not subsequently introduce such material or information into evidence without the prior consent of the provider of the material or information and adequate prior disclosure to the accused.

If the Prosecutor introduces material or information protected under article 54, paragraph 3(e), into evidence, a Chamber may not order the production of additional evidence received from the provider of the initial material or information, nor may a Chamber for the purpose of obtaining such additional evidence itself summon the provider or a representative of the provider as a witness or order their attendance.

If the Prosecutor calls a witness to introduce in evidence any material or information which has been protected under article 54, paragraph 3(e), a Chamber may not compel that witness to answer any question relating to the material or information or its origin, if the witness declines to answer on grounds of confidentiality.

The right of the accused to challenge evidence which has been protected under article 54, paragraph 3(e), shall remain unaffected subject only to the limitations contained in sub-rules 2 and 3.

A Chamber dealing with the matter may order, upon application by the defence, that, in the interests of justice, material or information in the possession of the accused, which has been provided to the accused under the same conditions as set forth in article 54, paragraph 3(e), and which is to be introduced into evidence, shall be subject mutatis mutandis to sub-rules 1, 2 and 3.