Status conference

Notion(s) Filing Case
Order to Government for Release of Judge - 31.01.2017 NGIRABATWARE Augustin
(MICT-12-29-R)

17.     In relation to Ngirabatware’s request for temporary provisional release,[1] I consider that as Pre-Review Judge, I lack competence to entertain this request.[2] […] Any request for modifications of the conditions of detention in accordance with Rule 67 of the Rules should be made before the President.

[1] See [Prosecutor v. Augustin Ngirabatware, Case No. MICT-12-29-R] Oral Hearing, T. 17 January 2017 pp. 21, 22, 25, 26; Ngirabatware Further Submission [Further Submission on Motion for Order to Government of Turkey or for Temporary Provisional Release, 18 December 2016 ], paras. 1, 14, 15; Motion [Prosecutor v. Augustin Ngirabatware, Case No. MICT-12-29-R,Motion for Order to Government of Turkey or for Temporary Provisional Release, 10 November 2016], paras. 2, 22.

[2] See Rule 135 of the [MICT] Rules. I find Ngirabatware’s reliance on the competence of a Duty Judge at the International Criminal Tribunal for the former Yugoslavia (“ICTY”) inapposite given the circumscribed nature of the corresponding competence of a Duty Judge at the Mechanism. See [Prosecutor v. Augustin Ngirabatware, Case No. MICT-12-29-R] Oral Hearing, T. 17 January 2017 pp. 25, 26. Compare Rule 28 of the [MICT] Rules (indicating that a Duty Judge will serve as a Single Judge on matters “not assigned to a Single Judge or Trial Chamber”) with Rule 28(D) of the ICTY Rules of Procedure and Evidence (authorizing a Duty Judge to deal with applications in a case already assigned to a Trial Chamber if, inter alia, “satisfied as to its urgency or that it is otherwise appropriate to do so in the absence of the Trial Chamber”). In addition, while Rule 68(I) of the [MICT] Rules applies, mutatis mutandis, to convicted persons who are in the custody of the Mechanism pending transfer to an enforcement state, the decision to authorize such provisional release principally rests with the Appeals Chamber, to the extent that it is already seised of the case. See Prosecutor v. Zdravko Tolimir, Case No. MICT-15-95-ES, Public Redacted Version of the “Decision on Motion for Provisional Release” Filed on 28 January 2016, 23 February 2016, paras. 7, 8.

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IRMCT Rule Rule 67;
Rule 135
Notion(s) Filing Case
Decision on Request for Status Conference - 03.10.2017 NGIRABATWARE Augustin
(MICT-12-29-R)

Pages 1, 2:

CONSIDERING that the Rules require the holding of a status conference at regular intervals only at the pre-trial stage of the proceedings following the initial appearance of the accused[1] and pending appeal if a convicted person is in custody following the filing of a notice of appeal;[2]

CONSIDERING that, in the absence of an express requirement in the Rules, a status conference or other procedural hearing may be held by a judge or a Chamber if it is in the interests of justice or required for the proper preparation of the hearing;

CONSIDERING that Ngirabatware has not shown that a status conference is necessary because he does not identify any specific issue that he wishes to raise in relation to his mental or physical condition or in relation to the preparation of the review hearing;[3]

CONSIDERING that the conditions of detention of the detainees under the authority of the Mechanism at the United Nations Detention Facility in Arusha are supervised by the President and that, therefore, there is a separate avenue for raising concerns in relation to the detainees’ mental and physical condition;[4]

[1] See Rule 69(A) of the Rules. See also Prosecutor v. Radovan Karadžić, Case No. IT-95-5/18-T, Decision on Accused’s Request for Status Conference, 11 June 2014, para. 4.

[2] See Rule 69(B) of the Rules. See also Prosecutor v. Radovan Karadžić, Case No. MICT-13-55, Decision on Request for Status Conference, 1 April 2016 (“Karadžić Decision of 1 April 2016”), p. 1.

[3] See. Karadžić Decision of 1 April 2016 [Prosecutor v. Radovan Karadžić, Case No. MICT-13-55, Decision on Request for Status Conference, 1 April 2016]], p. 2. See also Request [Request for Status Conference, 18 September 2017], para. 5.

[4] Cf. Karadžić Decision of 1 April 2016, p. 1. See also Decision on Motion to Report Government of Turkey to United Nations Security Council and for Modification of Conditions of Detention, 22 March 2017, p. 3.

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IRMCT Rule Rule 69(A)
Rule 69(B)