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Tag Archives: stay of proceedings
ICC: Lubanga: AC Suspends the Trial Chamber's Order to Release the Accused from Custody
2010-07-23, The Hague, The Netherlands. The ICC’s Appeals Chamber suspended the application of the decision of the Trial Chamber I to release the accused as a result of an uncondition stay of proceedings: In the view of the Appeals Chamber, an immediate implementation of the order to release him could render the resumption of the [...]
Posted in ICC Also tagged abuse of process, disclosure, Forces patriotiques pour la libération du Congo, ICC-CPI-20100723-PR564, intermediary 143, Patriotic Forces for the Liberation of Congo, release of the accused, suspensive effect, Thomas Lubanga, Thomas Lubanga Dyilo, unconditional stay on the proceedings Comments closed
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, standard of proof, subjective bias, witness interview, You Bun Leng Comments closed
ICTY: Karadzic: TC Refuses to Stay the Proceedings … Yet Again
2010-04-08, The Hague, The Netherlands. The TC refused Dr. Karadzic’s Motion for Stay of Proceedings: Violation of Burden of Proof and Presumption of Innocence, where the accused argued that the cumulative effect of the decisions on judicial notice of adjudicated facts and the admission of Rule 92 bis evidence is to violate his right to a [...]
Posted in ICTY Also tagged Decision, Flavia Lattanzi, Howard Morrison, ICTY, international criminal law, IT-95-5/18-T, Melville Baird, motion, O-Gon Kwon, Radovan Karadzic, Rule 92 quater, Rule 94(B), Rules 92 bis, Trial Chamber Comments closed
Kenya: High Court Refuses Jurisdiction to Try Piracy