Deterioration of health

Notion(s) Filing Case
Review Decision - 08.07.2015 LUKIĆ Sreten

11. The Appeals Chamber observes that Lukić’s condition was in issue at trial and on appeal, and the reports he relies upon for the purposes of his request are merely additional evidence going to proof of matters considered in the original proceedings.[1] Accordingly, the material submitted that relates to Lukić’s health condition does not amount to a “new fact” for the purposes of review under Rule 146 of the Rules. In any case, Lukić’s request for reduction of his sentence, and release on grounds of the recent deterioration of his health and diminished life expectancy, are more appropriately characterized as grounds in support of a request for early release. The Statute and Rules provide that the supervision of enforcement of sentences pronounced by the ICTY, and competence over requests for early release, lie within the powers of the President of the Mechanism.[2]

[1] Trial Judgement, vol. 3, para. 1203; Appeal Judgement, para. 1827.

[2] Statute, Article 25; Rules 127-128, 149-151 of the Rules.

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MICT Rule Rule 146