Chapter 7 • The Right to a Fair Trial: Part II – From Trial to Final Judgement However, where the reading out of witness statements did not constitute the only item of evidence on which the national court based its decision, the Court has found that the applicant was not deprived of a fair trial contrary to article 6(1) and (3)(d) taken together.163 It is noteworthy that, according to the jurisprudence of the European Court, the term “witness” in article 6(3)(d) is “to be given an autonomous interpretation”, and can thus also comprise, for instance, statements given to police officers by people who do not give “direct evidence” in court.164 An accused person has the right to call and examine or have examined witnesses against him or her under the same conditions as the prosecution. Consequently, in order to guarantee a fair trial the domestic court must provide for the possibility of adversarial questioning of witnesses. The right to call witnesses does not mean that an unlimited number of witnesses may be called. Witnesses to be called must be likely to be relevant to the case. Domestic courts must give the accused and his or her lawyer adequate time to prepare for the questioning of witnesses. The national judge must be attentive to manifest deficiencies in the defence lawyer’s professional conduct, and, where necessary, intervene in order to ensure the right to a fair trial, including equality of arms. 3.8.1 Anonymous witnesses The issue of anonymous witnesses is not regulated in the human rights treaties considered in this Manual, but Rule 69 of the Rules of Procedure and Evidence of the International Criminal Tribunals for Rwanda and for the former Yugoslavia deals with “Protection of Victims and Witnesses”. In the case of the Rwanda Tribunal, Rule 69 reads: “(A) In exceptional circumstances, either of the parties may apply to a Trial Chamber to order the non-disclosure of the identity of a victim or witness who may be in danger or at risk, until the Chamber decides otherwise. (B) In the determination of protective measures for victims and witnesses, the Trial Chamber may consult the Victims and Witnesses Support Unit. (C) Subject to Rule 75, the identity of the victim or witness shall be disclosed in sufficient time prior to the trial to allow adequate time for preparation of the prosecution and the defence.” 163 Eur. Court HR, Asch Case v. Austria, judgment of 26 April 1991, Series A, No. 203, p. 11, paras. 30-31. 164 See e.g. Eur. Court HR, Windisch Case v. Austria, judgment of 27 September 1990, Series A, No. 186, pp. 9-10, para. 23. 288 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers