|(Exclusively for the use of the media. Not an official document)||
The Hague, 11 November 1996
Delic case (Celebici) : defendant seeks leave to appeal against
the decision denying his motion for provisional release.
Defendant Hazim DELIC has filed on 5 November 1996 an application for leave to appeal against the Decision of 24 October 1996 by which the Trial Chamber II denied his motion for provisional release (see Press Release 123).
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)
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 previously restricted to the dismissal of objections based on lack of jurisdiction. Paragraph (B) of Rule 72 (General Provisions on Preliminary motions) reads in full:
(B) The Trial Chamber shall dispose of preliminary motions in limine litis and without interlocutury 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 0leave 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 (namely on 29 October) 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 leave to appeal is granted by this Bench will the merits of the case be considered by the full Appeals Chamber.
The Defendant's application
The application is based on "the generally proclaimed right of appeal"and considers that "in issue is the fundamental right on liberty and freedom". It primarily contends that "the right of appeals on decision on arrest or detention is a human right of every person and before the International Tribunal, too".
The Applicant continues: "when a right of appeal belong (sic) to somebody as a human right, the use of that right cannot depend on leave by anybody, including a bench of three Judges".
According to the application, "the significance of human rights and of protecting of liberty of every man which is given for them in international humanitarian law shows seriousness of the case. The seriousness is strenghten by the fact that Mr Delic is detained for more than six moths (sic) in spite of his right to be tried without undue delay (...)"
The Applicant concludes that there is "contravence (sic) between instruments of international law and the Rules of Procedure and Evidence. That causes the question of supremacy of international law over the Rules (...) This is a serious case and the Appeal Chamber need (sic) to deal with".
International Criminal Tribunal for the former Yugoslavia
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