Assessment of evidence in relation to each accused

Notion(s) Filing Case
Appeal Judgement - 23.01.2014 ŠAINOVIĆ et al.

1055.  […] Further, a trial chamber’s conclusion on the individual criminal responsibility of an accused is the result of a complex evaluation of all the evidence presented in relation to that accused.[1] Thus, while the assessment of the conduct of co-accused in general, and of alleged members of a JCE in particular, will often depend on evidence of their involvement in the same events, they will not necessarily be considered alike. Any given case contains a multitude of variables and “[t]o focus on one or two variables that are similar to the exclusion of numerous others that differ will not suffice to make the cases […] analogous”.[2] The appellant bears the burden of showing that the Trial Chamber’s findings in relation to his own participation in the commission of the crime were unreasonable.

[1] See Halilović Appeal Judgement, para. 125, quoting Ntagerura et al. Appeal Judgement, para. 174, where the Appeals Chamber held: “Only after the analysis of all the relevant evidence, can the Trial Chamber determine whether the evidence upon which the Prosecution relies should be accepted as establishing the existence of the facts alleged, notwithstanding the evidence upon which the Defence relies.” See also Halilović Appeal Judgement, para. 128.

[2] Cf. Kvočka et al. Appeal Judgement, para. 696, where the Appeals Chamber made this observation particularly in relation to the sentences imposed in that case.

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