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Tag Archives: discretion
ECCC: Ieng: Request for Annulment of All Investigations Denied
2010-06-25, Phnom Penh, Cambodia. The Pre-Trial Chamber (PTC) granted the defence’s appeal of the Co-Investigative Judges’ (CIJ) order rejecting the defence’s request for annulment of all investigations. However, the PTC dismissed the request for annulment, after reconsidering it on its merits. Procedural History On December 7, 2009, the defence filed a request to annul all investigations [...]
Posted in ECCC Also tagged 002/19-09-2007-ECCC/OCIJ, actual bias, Andrew Cayley, application for annulment, apprehended bias, Article 14, bias, burden of proof, Catherine Marchi-Uhel, Chea Leang, CIJ, Co-Investigative Judge, confidentiality, confidentiality of the investigation, Dianna Ellis QC, documentary, double-hearsay, exculpatory evidence, film crew, harmed interest, hearsay, Huot Vuthy, ICCPR, Ieng Thirith, inculpatory evidence, Internal Rule 21, Internal Rule 56(2)(b), Internal Rule 74(3)(g), Internal Rule 76(2), Internal Rule 76(5), international side, Judge Lemonde, Judge You Bunleng, lack of impartiality, lack of independence, Marcel Lemonde, national side, Ney Thol, objective bias, obligation to act independently, obligation to act jointly, OCIJ, OCP, Office of the Co-Prosecutors, Phat Pouv Seang, Prak Kimsan, Pre-Trial Chamber, presumption of judicial impartiality, procedural defect, PTC, request for annulment, Rowan Downing, standard of proof, stay of proceedings, subjective bias, witness interview, You Bun Leng Comments closed
ICTR: Karemera: TC Reconsiders Admissibility of Statements, But Finds ‘No Good Cause’ for the Motion
2010-04-07, Arusha, Tanzania. The Trial Chamber III granted, in part, Nzirorera’s motion for reconsideration of the Chamber’s decisions on the admission of written statements, but denied Nzirorera’s defence counsel fees on the ground that there was no good cause for this Motion. Statement of Law. The Chamber has the inherent power to reconsider its decisions when: [...]
Posted in ICTR Also tagged acts and conduct of the accused, admission, Chantal Hounkpatin, Charles Nzabagerageza, Cyprien Ntakabereho, definitive proof, Dennis C. M. Byron, Dior Diagne Mbaye, Don Webster, Edison Munyatarama, Edouard Karemera, fair trial, Félix Sow, Frederic Weyl, Gberdao Gustave Kam, indictment, Jean-Baptiste Nsanzimfura, Joseph Nzirorera, live and important issue, Matthieu Ngirumpatse, Patrick Nimy Mayidika Ngimbi, peripheral issue, Peter Robinson, prima facie credibility, prima facie reliability, probative value, reconsideration, relevant, Rule 73, Rule 89 (C), Rule 92 bis, Rule 92 bis (A), Rule 92 bis (A) (i), Rule 92 bis (A) (ii), Rule 92 bis (B), Rules of Procedure and Evidence, Saidou N’Dow, sufficient indicia, Sunkarie Ballah-Conteh, Takeh Sendze, Vagn Joensen, written statements Comments closed
ICTY: Karadzic: Motion To Obtain Witness Statements From National Courts Denied