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Notion(s) Filing Case
Decision on Subpoenaing Tolimir - 13.11.2013 KARADŽIĆ Radovan
(IT-95-5/18-AR73.11)

9.       Rule 73(C) of the Rules, pursuant to which this appeal is brought, entitles a “party” to appeal a trial chamber’s decision after having requested and obtained certification. Rule 2 of the Rules defines “parties” as “[t]he Prosecutor and the Defence”. The Impugned Decision was issued in the Karadžić case and Tolimir is neither part of the Prosecution nor the Defence in that case. Thus, sensu stricto, he is not entitled to use Rule 73(C) of the Rules to bring an interlocutory appeal.

10.     However, the Appeals Chamber recalls the Milošević Appeal Decision[1] in which it decided to consider an interlocutory appeal filed by amici curiae in that case.[2] The Appeals Chamber determined that, although amici curiae operate in proceedings “solely as assistants” to the court and not as actual parties, it would nonetheless adjudicate the amici curiae’s interlocutory appeal on the basis that, in the circumstances of the particular case, consideration of the appeal served the interests of justice.[3] Additional factors underlying the Appeals Chamber’s decision to adjudicate the matter included: (i) the existence of an alignment of interests between the amici curiae and the accused in that case; (ii) the fact that consideration of the appeal would not infringe the accused’s interests; (iii) that there was no “danger of unfairness to the Prosecution”; and (iv) that the Prosecution did not oppose consideration of the appeal and in fact expressed “its willingness to accept the amici as a party for these purposes”.[4] The Appeals Chamber also notes the Brđanin Appeal Decision in which it adjudicated an interlocutory appeal, filed by a non-party to the proceedings, against a subpoena decision.[5]

11.     The Appeal raises concerns regarding, inter alia, Tolimir’s right against self-incrimination under Article 21(4)(g) of the Statute of the Tribunal (“Statute”).[6] Neither Karadžić nor the Prosecution have objected to the filing of the Appeal and in fact both have indicated their willingness to accept Tolimir as having standing to appeal the Impugned Decision.[7] Thus, neither the interests of Karadžić nor the Prosecution stand to be compromised by adjudication of the Appeal. In these circumstances and emphasising in particular that the Appeal raises concerns about a fundamental right of an accused before the Tribunal, the Appeals Chamber finds that consideration of the Appeal serves the interests of justice.

[1] Prosecutor v. Slobodan Milošević, Case No. IT-02-54-AR73.6, Decision on the Interlocutory Appeal by the Amici Curiae Against the Trial Chamber Order Concerning the Presentation and Preparation of the Defence Case, 20 January 2004 (“Milošević Appeal Decision”).

[2] Milošević Appeal Decision, para. 5.

[3] Milošević Appeal Decision, paras 4-5.

[4] Milošević Appeal Decision, para. 5.

[5] Brđanin Appeal Decision, paras 1-3, 6, 8-56.

[6] Appeal, paras 9-36.

[7] Response to the Appeal [Karadzic [sic] Brief on Appeal of Zdravko Tolimir, 17 June 2013], paras 25-31; Prosecution Submissions on Tolimir’s Request to Appeal the Impugned Decision [Prosecution Submission Regarding Tolimir Request to Suspend Subpoena and to Appeal Decision on Accused’s Motion to Subpoena Zdravko Tolimir, 24 May 2013], paras 4-6; Karadžić Submission on Tolimir’s Standing to Appeal the Impugned Decision [Memorandum on Standing of Witness to Seek Leave to Appeal Subpoena Decision, 23 May 2013], paras 1-3.  

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ICTR Rule Rule 2;
Rule 73(A);
Rule 73(B);
Rule 73(C)
ICTY Rule Rule 2;
Rule 73(C)
Notion(s) Filing Case
Decision on Clarification - 08.12.2006 NAHIMANA et al. (Media case)
(ICTR-99-52-A)

10. [T]he Appeals Chamber recalls that a request for reconsideration of a decision in one case filed by an appellant who is not party to that case must fail for lack of standing to seek such reconsideration.[1][…]

[1] Aloys Ntabakuze v. The Prosecutor, Case No. ICTR-98-41-AR73, Decision on Motion for Reconsideration, 4 October 2006, paras 14-15. 

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Notion(s) Filing Case
Decision on Review - 17.12.2013 DELIĆ Rasim
(IT-04-83-R.1)

CONSIDERING further that Counsel have no standing in their own right in circumstances where the appellant has died and the appellate proceedings before the Tribunal have been terminated;

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