Filing of a referral appeal brief

Notion(s) Filing Case
Decision on Referral - 05.10.2012 MUNYARUGARAMA Pheneas
(MICT-12-09-AR14)

9.       An appellant is required to file an appeal brief within fifteen days after filing the notice of appeal concerning a decision to refer a case.[1] Duty Counsel filed the Notice of Appeal on 11 July 2012.[2] Although the Notice of Appeal was re-filed before the Mechanism on 17 July 2012 pursuant to an order of the Presiding Judge of the ICTR’s Appeals Chamber,[3] the Appeals Chamber considers that the time-limit for Duty Counsel to file the Appeal Brief began to run on 11 July 2012, when he filed the Notice of Appeal. Consequently, Duty Counsel was required to file the Appeal Brief before the Mechanism by 26 July 2012. Duty Counsel failed to do so.

[1] The briefing deadlines set forth in Rule 14(E) of the Rules correspond with those set forth in Rule 11bis(H) of the ICTR Rules and paragraphs 5 and 6 of the ICTR’s Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings before the Tribunal, 8 December 2006 (“ICTR Practice Direction”). The ICTR Practice Direction applies mutatis mutandis to appeals filed before the Mechanism. See Practice Direction Related to Appeals, MICT/4, 5 July 2012 (“Practice Direction”), para. 1.

[2] See supra fn. 1.

[3] See Order of 17 July 2012 [Phénéas Munyarugarama v. The Prosecutor, Case No. ICTR-02-79-AR11bis, Order Regarding Notice of Appeal, 17 July 2012], p. 1.

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MICT Rule Rule 14(E)
Notion(s) Filing Case
Decision on Prosecution Request for a Scheduling Order - 08.06.2006 BAGARAGAZA Michel
(ICTR-05-86-AR11bis)

At para. 3, the ICTR Appeals Chamber confirmed the ICTY Appeals Chamber’s finding that the delay for filing an appeal brief in an appeal from a Rule 11bis decision is 15 days:

3. Rule 11bis(H) sets a time frame of fifteen days for the filing of a notice of appeal, but is silent on the period for filing an appeal brief. Under the equivalent provision of the Rules of Procedure and Evidence for the ICTY, the Appeals Chamber has followed a practice of allowing fifteen days from the filing of the notice of appeal for the filing of the appeal brief on the merits.[1] The Appeals Chamber sees no reason to depart from this practice in considering appeals under Rule 11bis in this Tribunal.

[1] The Prosecutor v. Radovan Stanković, Case No. IT-96-23/2-AR11bis.1, Decision on Defence Application for Extension of Time to File Notice of Appeal, 9 June 2005 paras. 17, 18. See also The Prosecutor v. Paško Ljubičić, Case No. IT-00-41-AR11bis.1, Decision on Motion for Extension of Time, 10 May 2006, p. 1.

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ICTR Rule Rule 11 bis ICTY Rule Rule 11 bis