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Tag Archives: standard of proof
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, discretion, 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, stay of proceedings, subjective bias, witness interview, You Bun Leng Comments closed
ICC: Abu Garda: OTP’s Application for Leave to Appeal Denied
2010-04-23, The Hague, The Netherlands. The Trial Chamber denied the OTP’s Application for leave to appeal the decision of 8 February 2010 refusing to confirm the charges against the accused. Statement of Law Requirements for Granting Leave: only an issue may form the subject-matter of an appealable decision; such issue should be an identifiable subject [...]
Posted in ICC Also tagged an issue, apparatus of power, application, Article 82(1)(d), assessment of evidence, Bahar Idriss Abu Garda, beyond reasonable doubt, co-perpetration, common plan, confirmation of charges, Cuno Tarfusser, discretionary power, ICC-02/05-02/09, indirect co-perpetration, Jebel Adola, leave to appeal, mere disagreement, MGS Haskanita, reasonable inference, Rome Statute, Sanji Mmasenono Monageng, Situation in Darfur, substantial grounds to believe, sufficient evidence, Sylvia Steiner, threshold of proof Comments closed
ICC: Mbarushimana: PTC Rejects the Defence Challenge to the Jurisdiction of the Court