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Tag Archives: international criminal procedure
ICTR: Kalimanzira: Judge: the Accused Does Not Need to Read the OTP’s Brief to Reply
2010-04-06, Arusha, Tanzania. Judge Theodor Meron of the Pre-Appeal Chamber denied the defence’s request to be allowed to file the Reply to the OTP’s Appeal Brief 15 days after the French version of the Brief is served on them, as opposed to 15 days after the English version is served. Mr. Kalianzira speaks French and [...]
Posted in ICTR Also tagged Alex Obote-Odora, Anta Guissé, Appeal Brief, Arthur Vercken, Callixte Kalimanzira, Dior Fall, English, extension of time, French version, Hassan Bubacar Jallow, ICTR-05-88-A, Pre-Appeal Chamber, reply, Rule 113, Rule 116(A), Theodor Meron, translation, understand Comments closed
ICTY: Karadzic: Decision on Admission of Babic’s Evidence
2010-04-13, The Hague, The Netherlands. Milan Babic had a long history with the tribunal. He was an OTP witness in the Slobodan Milosevic, Krajisnik and Martic cases and committed a suicide at the UNDU on March 5, 2006. The OTP sought to admit his oral testimonies from those trials and 309 associated exhibits under Rule 92 [...]
Posted in ICTY Also tagged acts and conduct of the accused, admission, associated exhibits, authentication, authenticity, background, BiH, character, conviction, credibility, critical issues of the case, Croatia, cross-examination, evidence, excessive and unnecessary detail, fair trial, Flavia Lattanzi, Howard Morrison, indicia of authenticity, inseparable and indispensable, intercept operators, intercepts, IT-95-5/18-T, Krajisnik, lenient treatment, manifest inconsistencies corroboration, Martic, Melville Baird, Milan Babic, Mladic, O-Gon Kwon, oral testimonies, prima facie reliable, probative, relevant, reliable, repetitive testimonies, Rule 89, Rule 92 quater, Rules of Procedure and Evidence, safeguards of a judicial proceeding, Slobodan Milosevic, substantially outweighing, suicide, testimony, unavailable, unavailable persons, uncorroborated evidence, UNDU Comments closed
ICC: Gombo: Most Pre-Interview Assessment Notes Are Not Subject to Disclosure
2010-04-09, The Hague, The Netherlands. The TC denied the defence motion for disclosure of the OTP’s materials created in the context of the pre-interview assessments of all witnesses (regardless of whether the OTP calls them to testify), and barring the OTP from calling such witnesses until the disclosure is provided. The defence argued that these [...]
Posted in ICC Also tagged Adrian Fulford, Aime Kilolo-Musamba, Article 67(2), Elizabeth Odio Benito, Fatou Bensouda, ICC-01/05-01/08, Jean-Pierre Bemba Gombo, Joyce Aluoch, Marie-Edith Douzima-Lawson, motion, Nkwebe Liriss, Paolina Massidda, Petra Kneuer, Regulation 36, Rule 112, Rule 73(2), Rule 76, Rule 76(1), Rule 77, Rule 81(1), Rules 111, Trial Chamber III Comments closed
ICC: Gombo: Late Notification of Filing is 'Good Cause' for Delay
2010-04-09, The Hague, The Netherlands. The TC granted the defence motion for extension of time to reply to the OTP’s and victims’ representative’s observation re the defence Application Challenging the Admissibility of the Case pursuant to Articles 17 and 19(2)(a) of the Rome Statute. The Chamber found that ‘good cause’ has been demonstrated because the defence was [...]
Posted in ICC Also tagged Adrian Fulford, Aime Kilolo-Musamba, Elizabeth Odio Benito, extension of time, Fatou Bensouda, good cause, ICC-01/05-01/08, Jean-Pierre Bemba Gombo, Joyce Aluoch, late notification, Marie-Edith Douzima-Lawson, motion, Nkwebe Liriss, Paolina Massidda, Petra Kneuer, Regulation 35, Trial Chamber III Comments closed
ICC: Abu Garda: ‘Technical Difficulties’ Is No Excuse for Delay
2010-04-08, The Hague, The Netherlands. Judge Tarfusser denied the victims’ motion for extension of time to file submissions re OTP’s Application for Leave to Appeal the Decision on the Confirmation of Charges. The decision held that the victims’ representative should have filed a motion for extension immediately after finding out of technical difficulties, and not [...]
Posted in ICC Also tagged Akin Akinbote, Bahar Idriss Abu Garda, Brahima Kane, Cuno Tarfusser, Darfur, Essa Faal, extension of time, Frank Adaka, Helene Cisse, ICC, ICC-02/05-02/09, Karim A.A. Khan, Luis Moreno-Ocampo, Pre-Trial Chamber I, Regulation 35(2), Regulation 65, Sudan Comments closed
ICTY: Zupljanin & Stanisic: Easter is no Excuse for Delay
2010-04-07, The Hague, The Netherlands. Judge Pocar denied the OTP’s motion for extension of time to request certification to appeal a decision re judicial notice of adjudicated facts. He found that the fact that the decision was issued on the day before the 2-day Easter recess did not amount to ‘good cause’ within the meaning [...]
Posted in ICTY Also tagged adjudicated facts, certification to appeal, Dragan Krgovic, extension of time, Fausto Pocar, good cause, ICTY, Igor Pantelic, IT-08-91-T, Joanna Korner, judicial notice, Mićo Stanišić, motion, Rule 127, Rule 94(B), Slobodan CvijetiC, Slobodan Zecevic, Stojan Župljanin, Thomas Hannis Comments closed
ICTY: Seselj: Evidence of the Destruction of Cultural Heritage Admitted into Evidence