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Tag Archives: impartiality
ECCC: Khieu: The Chamber Finds No Abuse of Process Arises From Failing to Translate Documents, 3-Year Delay to Start Trial and Lack of Access to the Court File. The Chamber Promises to Address the Principle of Legality Later in Other Cases
2011-01-12, Phnom Penh. The Chamber found the Accused application for stay of proceedings for abuse of process inadmissible. Grounds in the Application: (1) problems related to the translation of documents: - no translation of some documents – footnotes of the Closing Order, some of the evidentiary material, the Final Submission, 232 decisions and 3,850 documents [...]
Posted in ECCC Also tagged absent, abuse of process, access, Andrew Cayley, appeal, application, Cambodian law, case file, Chea Leang, Closing Order, Democratic Kampuchea, Documentation Centre of Cambodia, egregious violation, errors, Final Submission, foreseeability, French, glossary, international law, jurisdiction, Khieu Samphan, lack, merits, miscarriage of justice, nullum crimen sine lege, Office 870, poor quality, principle of legality, proportionality test, public presumption of guilt, rectification, remedy, Sa Sovan, sense of justice, Siegried Blunk, threshold, translation, unjustified delays, unreasonable delays, You Bunleng Comments closed
ICTY: Seselj: Evidence of the Destruction of Cultural Heritage Admitted into Evidence
2010-04-14, The Hague, The Netherlands. The Chamber granted, in part, a request of the OTP to admit a Report of Andras Riedlmayer with annexes, exhibits and photographs. Statement of Law factors for determining whether to admit documents into evidence: prima facie relevance, reliability and probative value of the evidence; a final assessment of the evidence [...]
Posted in ICTY Also tagged Andras Riedlmayer, articles, competency, criminal liability, crucial for understanding, cultural sites, destruction, expert, expert report, final assessment, Flavia Lattanzi, Frederik Harhoff, inadmissible, international criminal procedure, IT-03-67-T, Jean-Claude Antonetti, library, Mathias Marcussen, mosque, photographs, prima facie relevance, probative value, reliability, responsibility, Rule 94 bis, ultimate questions, Vojislav Sese1j, weight of the evidence Comments closed
ECHR: Ahorugeze: Court Gives Green Light to an Extradition to Rwanda