Facts from a different judgement
|Review Decision - 08.07.2015||
22. The Appeals Chamber considers that the relevant findings in the Ðorđević Appeal Judgment do not amount to “new information of an evidentiary nature of a fact” and thus cannot be considered a new fact for the purposes of review under Rule 146 of the Rules. In the Appeals Chamber’s view, Lukić is essentially requesting reconsideration of the final judgment. However, in principle, the Appeals Chamber has no power to reconsider a final judgment in light of the legal analysis on the elements of a crime adopted by a subsequent Appeals Chamber judgment.
 See Tharcisse Muvunyi v. Prosecutor, Case No. ICTR-00-55A-R, Decision on Request for Variation of Protective Measures and Request for Review, 28 September 2012, para. 24 (“the Appeals Chamber considers that a finding made by a separate trial chamber on the criminal liability of another accused based on a different evidentiary record does not amount to a new fact for the purposes of review”); Eliézer Niyitegeka v. The Prosecutor, ICTR-96-14-R, Decision on Request for Review, 6 March 2007, para. 7 (“The Appeals Chamber is not satisfied that the reasoning applied in the Rwamakuba Trial Judgement constitutes new information of an evidentiary nature of a fact that was not in issue during the trial or appeal proceedings”); Prosecutor v Goran Jelišić, IT-95-10-R, Decision on Motion for Review, 2 May 2002, pp. 2-3 (“Noting the Applicant’s submissions that a new fact has arisen, being the development, since the Appeal Judgement, in the case law of the Tribunal with respect to the approach to sentencing […] Finding that the alleged new fact relied upon by the Applicant is not of an evidentiary nature and, therefore, that the Applicant has failed to show the existence of a new fact”). See also Eliézer Niyitegeka v. Prosecutor, Case No. MICT-12-16-R, Decision on Niyitegeka’s Request for Assignment of Counsel, 6 November 2014, para. 8.
 See Prosecutor v. Momčilo Perisić, Case No. IT-04-81-A, Decision on Motion for Reconsideration, 20 March 2014, p. 2.
|MICT Rule Rule 146|