Facts from a different judgement

Notion(s) Filing Case
Review Decision - 08.07.2015 LUKIĆ Sreten
(MICT-14-67-R.1)

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.[1] 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.[2]

[1] 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.

[2] See Prosecutor v. Momčilo Perisić, Case No. IT-04-81-A, Decision on Motion for Reconsideration, 20 March 2014, p. 2

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MICT Rule Rule 146