Concurrent sentences

Notion(s) Filing Case
Contempt Appeal Judgement - 28.11.2012 ŠEŠELJ Vojislav
(IT-03-67-R77.3-A)

23. The Appeals Chamber recalls that Rule 102(A) of the Rules provides that a sentence shall begin to run from the day it is pronounced; however, as soon as a notice of appeal is filed, the enforcement of the judgment is stayed until the appeal judgement has been delivered. Irrespective of whether the stay of proceedings is calculated from the first or second notice of appeal filed by Šešelj in Case No. IT-03-67-R77.2-A,[1] the sentence of 15 months’ imprisonment imposed on Šešelj in Case No. IT-03-67-R77.2 on 24 July 2009 was served before the Contempt Trial Judgement was rendered on 31 October 2011. Based on the plain text of Rule 102(A) of the Rules, the Appeals Chamber finds that Šešelj’s sentence in Case No. IT-03-67-R77.2 was stayed as soon as the first notice of appeal was filed on 18 August 2009, whether or not that notice was valid; hence, the calculation from the first notice of appeal is operative. Therefore, the Appeals Chamber finds that there was no sentence in Case No. IT-03-67-R77.2 at the time the Contempt Trial Judgement was rendered with which the sentence imposed by the Contempt Trial Chamber could run concurrently. As a newly imposed sentence cannot run concurrently with a sentence that has expired, the Appeals Chamber considers that Šešelj has not served any part of the 18-month sentence imposed by the Contempt Trial Chamber by virtue of having served the sentence imposed on him in Case No. IT-03-67-R77.2.

[1] See Prosecutor v. Vojislav Šešelj, Case No. IT-03-67-R77.2-A, Notice of Appeal Against the Judgement on Allegations of Contempt of 24 July 2009, 18 August 2009 (confidential). The English translation of the B/C/S original was filed on 25 August 2009. See Prosecutor v. Vojislav Šešelj, Case No. IT-03-67-R77.2-A, Notice of Appeal and Appellant’s Brief Against the Judgment [sic] on Allegations of Contempt Pursuant to the Decision on the Prosecution’s Motion for Order Striking Appellant’s Notice of Appeal and Appeal Brief and Closing the Case Issued by the Appeals Chamber on 16 December 2009, 12 January 2010 (confidential). The English translation of the B/C/S original was filed on 18 January 2010. 

Download full document
ICTR Rule Rule 77;
Rule 102(A)
ICTY Rule Rule 77;
Rule 102(A)