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The Prosecutor v. Dusko Tadic - Case No. IT-94-1-R |
"Order of the President assigning Judges to the Appeals Chamber"
29 October 2001
Judge Claude Jorda
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Request for review - Rule 119 of the Rules of Procedure and Evidence - Notion of final judgement - A final judgement consists of a decision which brings the proceedings to a close. |
Procedural Background
On 18 June 2001, the accused submitted to the President of the Tribunal a request for his complete case to be reviewed on the basis of the Judgement on Allegations of Contempt Against Prior Counsel, Milan Vujin dated 31 January 2000 .
On 5 October 2001, Counsel for Dusko Tadic submitted a motion for the review of the convictions of Dusko Tadic set out in the Judgements of the Trial Chamber and Appeals Chamber.
On 15 October 2001, the Prosecution submitted its request on the motion for review.
The Decision
The President ordered that the Appeals Chamber be composed of Judges Claude Jorda, Mehmet Güney, Asoka de Zoysa Gunawardana, Fausto Pocar and Liu Daqun.
The Reasoning
The President considered that, "pursuant to Rule 119 of the Rules, only a final judgement may be reviewed". He held that, "under the terms of the above Rule, a final judgement consists of a decision which brings the proceedings to a close." The President noted that in the instant case the final judgement was the Judgement of 15 July 1999 .
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1. The Prosecutor v. Dusko Tadic ("Prijedor"),
Case No. IT-94-1-AR77, Appeals Chamber, Judgement on Allegations of Contempt
Against Prior Counsel, Milan Vujin, 31 January 2000 (summarised in Judicial
Supplement
No. 11).
2. "Where a new fact has been discovered
which was not known to the moving party at the time of the proceedings before
a Trial Chamber or the Appeals Chamber, and could not have been discovered through
the exercise of due diligence, the defence or, within one year after the final
judgement has been pronounced, the Prosecutor, may make a motion to that Chamber
for review of the judgement. If, at the time of the request for review, any
of the Judges who constituted the original Chamber are no longer Judges of the
Tribunal, the President shall appoint a Judge or Judges in their place."
3. The Prosecutor v. Jean-Bosco Barayagwiza, Case No.
ICTR-97-19-AR72, Appeals Chamber, Judgement, 31 March 2000, in which the Chamber
pointed out that a final judgement "is one which terminates the proceedings;
only such a decision may be subject to review" (para. 49).
4. The Prosecutor v. Dusko Tadic ("Prijedor"),
Case No. IT-94-1-A, Appeals Chamber, Judgement, 15 July 1999 (summarised in
Judicial
Supplement No. 6).