Powers of Pre-Review Judge

Notion(s) Filing Case
Decision on Non-Compliance with Obligation to Cooperate - 06.03.2017 NGIRABATWARE Augustin
(MICT-12-29-R)

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CONSIDERING that, as Pre-Review Judge, I am “vested with the power to address problems arising during the review proceedings on behalf of the Appeals Chamber”, shall ensure that the proceedings are not unduly delayed, and shall take any measures related to procedural matters, including the issuing of decisions, orders, and directions with a view to preparing the case for a fair and expeditious hearing;[1]

CONSIDERING that, in order to ensure the proper preparation of this case for a fair and expeditious hearing, I find it necessary as Pre-Review Judge acting on behalf of the Appeals Chamber to initiate the procedure envisioned under Rules 8(A) and 131 of the Rules; 

[1] See Prosecutor v. Drago Josopivić, Case No. IT-95-16-R, Order Designating a Pre-Review Judge, 25 April 2002, p. 2 (emphasis added). See also Rule 135(B) of the Rules.

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MICT Rule Rule 8;
Rule 135;
Rule 146
Notion(s) Filing Case
Order to Government for Release of Judge - 31.01.2017 NGIRABATWARE Augustin
(MICT-12-29-R)

17.     In relation to Ngirabatware’s request for temporary provisional release,[1] I consider that as Pre-Review Judge, I lack competence to entertain this request.[2] […] Any request for modifications of the conditions of detention in accordance with Rule 67 of the Rules should be made before the President.

[1] See [Prosecutor v. Augustin Ngirabatware, Case No. MICT-12-29-R] Oral Hearing, T. 17 January 2017 pp. 21, 22, 25, 26; Ngirabatware Further Submission [Further Submission on Motion for Order to Government of Turkey or for Temporary Provisional Release, 18 December 2016 ], paras. 1, 14, 15; Motion [Prosecutor v. Augustin Ngirabatware, Case No. MICT-12-29-R,Motion for Order to Government of Turkey or for Temporary Provisional Release, 10 November 2016], paras. 2, 22.

[2] See Rule 135 of the [MICT] Rules. I find Ngirabatware’s reliance on the competence of a Duty Judge at the International Criminal Tribunal for the former Yugoslavia (“ICTY”) inapposite given the circumscribed nature of the corresponding competence of a Duty Judge at the Mechanism. See [Prosecutor v. Augustin Ngirabatware, Case No. MICT-12-29-R] Oral Hearing, T. 17 January 2017 pp. 25, 26. Compare Rule 28 of the [MICT] Rules (indicating that a Duty Judge will serve as a Single Judge on matters “not assigned to a Single Judge or Trial Chamber”) with Rule 28(D) of the ICTY Rules of Procedure and Evidence (authorizing a Duty Judge to deal with applications in a case already assigned to a Trial Chamber if, inter alia, “satisfied as to its urgency or that it is otherwise appropriate to do so in the absence of the Trial Chamber”). In addition, while Rule 68(I) of the [MICT] Rules applies, mutatis mutandis, to convicted persons who are in the custody of the Mechanism pending transfer to an enforcement state, the decision to authorize such provisional release principally rests with the Appeals Chamber, to the extent that it is already seised of the case. See Prosecutor v. Zdravko Tolimir, Case No. MICT-15-95-ES, Public Redacted Version of the “Decision on Motion for Provisional Release” Filed on 28 January 2016, 23 February 2016, paras. 7, 8.

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MICT Rule Rule 67;
Rule 135