Hearing the State to which the Accused seeks to be released

Notion(s) Filing Case
Decision on Provisional Release - 07.10.2005 TODOVIĆ & RAŠEVIĆ
(IT-97-25/1-AR65.1)

29. [….] Rule 65(B) provides that the State to which an accused seeks to be released must have an opportunity to be heard before the Trial Chamber grants his application.[1]  This rule does not provide that this State must have the opportunity to be heard before the Trial Chamber denies provisional release. [….] Similarly, nothing in Rule 65 – or in any other rule – requires a Trial Chamber to hear oral argument from an applicant before denying provisional release,[2] and indeed, no rule requires the Trial Chamber to hold a hearing before deciding that government or personal guarantees offered by the applicant merit little weight, even if the applicant has requested a hearing and seeks to supplement these guarantees with oral assurances.   Instead, the Appeals Chamber has explained, “[t]he granting of an oral hearing is a matter for the discretion of a Chamber, and it may legitimately be regarded as unnecessary when  . . . the information before the Trial Chamber is sufficient to enable the Chamber to reach an informed decision.”[3]  [….]

[1] See Rule 65(B) of the Rules of Procedure and Evidence of the Tribunal, IT/32/Rev.36, 8 August 2005.

[2] See Prosecutor v. Nikola Šainović, Dragoljub Ojdanić, Case No. IT-99-37-AR65.2, Decision Refusing Ojdanić Leave to Appeal, 27 June 2003, p. 4 (noting that “the right of an accused to be heard is not similar to what the accused regards as the right to be heard personally”).

[3] Prosecutor v. Fatmir Limaj, Haradin Bala, Isak Musliu, Case No. IT-03-66-AR65, Decision on Fatmir Limaj’s Request for Provisional Release, 31 October 2003, para. 17; Prosecutor v. Fatmir Limaj, Haradin Bala, Isak Musliu, Case No. IT-03-66-AR65.2, Decision on Haradin Bala’s Request for Provisional Release, 31 October 2003, para. 33; Prosecutor v. Fatmir Limaj, Haradin Bala, Isak Musliu, Case No. IT-03-66-AR65.3, Decision on Isak Musliu’s Request for Provisional Release, 31 October 2003, para. 17.

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ICTR Rule Rule 65 ICTY Rule Rule 65