Press Release · Communiqué de presse
(Exclusively for the use of the media. Not an official document)
The Hague, 26 November 1996
DELIC CASE (Celebici): DEFENDANT SEEKS LEAVE TO APPEAL AGAINST THE DECISION DENYING HIS MOTION ON THE FORM OF THE INDICTMENT
Defendant Hazim DELIC has filed on 22 November 1996 an application for leave to appeal against the Decision of 15 November 1996 by which Trial Chamber II denied his motion based on defects in the form of the indictment (see Press Release 129).
This application for leave to appeal is based upon Rule 72(B)(ii) of the Rules of Procedure and Evidence (RPP).
The procedure under Rule 72 (B)(ii)
The Rule 72 (B) of the Rules of Procedure and Evidence (RPE) was amended by the Judges during their last Plenary Session in June 1996. The new sub-paragraph (ii) extends the possibility of appeal against decisions on preliminary motions, which was so far restricted to the dismissal of objections based on lack of jurisdiction. Paragraph (B) of the Rule 72 (General Provisions on
Preliminary motions) reads in full:
(B) The Trial Chamber shall dispose of preliminary motions in limine litis and without interlocutory appeal, save
(i) in the case of dismissal of an objection based on lack of jurisdiction, where an appeal will lie as of right; (ii) in other cases where leave is granted by a bench of three Judges of the Appeals Chamber, upon serious cause being shown,
within seven days following the impugned decision.
The above-mentioned application for leave to appeal must be filed within 7 days after the decision has been served on the Parties and the applicant must show "serious cause".
The admissibility of the application is to be determined by three Judges of the Appeals Chamber assigned on a case-by-case basis by the President of the International Tribunal, Judge Antonio Cassese.
Only if the leave to appeal is granted by this Bench will the merits of the case be considered by the full Appeals Chamber.
The implementation of the Rule in this case
The President of the International Tribunal has assigned the following Judges to the bench called upon to consider the admissibility of the Defendant’s application:
Judge Antonio CASSESE (Presiding), Judge Haopei LI and Judge Jules DESCHENES.
The Defendant's application
The Applicant submits the following "serious cases":
the Indictment is not grounded on the international humanitarian law, the Indictment is incomplete, it do (sic) not contain the obligatory elements, in the Indictment the principles nullum crimen sine lege and non bis in idem as they are expressed in international humanitarian
law, the accused gives arguments about vagueness of the Indictment, the accused pleaded for the right to complain the indictment the factual questions as well as the legal ones" (sic).