Right of an accused to request transfer

Notion(s) Filing Case
Decision on Referral - 03.07.2007 KAREMERA et al.
(ICTR-98-44-AR11bis)

11..    […] The Appeals Chamber has already decided the issue which is the subject of the present appeal. It explicitly noted that “Rule 11bis of the Rules makes no provision for an accused to request the transfer of his case to a national jurisdiction for trial” and concluded that “[c]onsequently, the remaining Judges were not obliged to take into consideration Mr. Nzirorera’s request to the President pursuant to Rule 11bis of the Rules”.[1] In light of the above, the Appeals Chamber finds that Mr. Nzirorera has no standing to appeal against the Impugned Decision.

[1] Rule 15bis (D) Appeals Decision [The Prosecutor v. Édouard Karemera et al., Case No. ICTR-98-44-AR15bis.3, Decision on Appeals pursuant to Rule 15bis (D), filed 20 April 2007], para. 38.

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ICTR Rule Rule 11 bis ICTY Rule Rule 11 bis