Filing of an appeal from a decision on a request for revocation of referral

Notion(s) Filing Case
Decision on Motions to Strike - 04.02.2016 UWINKINDI Jean
(MICT-12-25-AR14.1)

6. The Appeals Chamber observes that the Rules are silent on the procedure for filing appeals from decisions on requests for revocation of referral.[1] However, it has held that such appeals should follow the same procedure as provided for in cases involving appeals from decisions on referral as set out in Rule 14(E) of the Rules.[2] In relevant part, Rule 14(E) of the Rules provides that the “[n]otice of appeal shall be filed within fifteen days of the decision”. This Rule is mirrored in paragraph 21 of the Practice Direction on Appeals, which provides that “[a] party wishing to appeal from a decision of […] a Trial Chamber pursuant to Rule 14 […] of the Rules shall file a notice of appeal within 15 days of the decision”.[3]

[1] The Appeals Chamber has held that a decision on whether or not to revoke the referral of a case is subject to appellate review. See Stanković Decision of 21 May 2014 [Prosecutor v. Radovan Stanković, Case No. MICT-13-51, Decision on Stanković’s Appeal against Decision Denying Revocation of Referral and on the Prosecution’s Request for Extension of Time to Respond, 21 May 2014], para. 9. Consequently, the Appeals Chamber finds that an appeal lies as of right from the Impugned Decision, which dismissed Uwinkindi’s request to revoke the order referring his case to Rwanda.

[2] Stanković Decision of 21 May 2014, para. 9.

[3] Practice Direction on Requirements and Procedures for Appeals, MICT/10, 6 August 2013 (“Practice Direction on Appeals”). See also Practice Direction on Appeals, paras. 22-24.

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ICTR Rule Rule 11 bis(H) ICTY Rule Rule 11 bis(I) MICT Rule Rule 14(E)