[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.

[18] See Rule 144(D) of the Rules.