indefinite stay of proceedings

Notion(s) Filing Case
Decision on Appeals of Further Decision on Félicien Kabuga's Fitness to Stand Trial - 07.08.2023 KABUGA Félicien
(MICT-13-38-AR80.3)

74. Having upheld the Trial Chamber’s finding that Kabuga is not fit to stand trial and that it is very unlikely he would regain fitness in the future,[1] the Appeals Chamber considers that the most appropriate way to proceed in the circumstances of the present case is to remand the matter to the Trial Chamber with an instruction to impose an indefinite stay of proceedings. Imposing an indefinite stay of proceedings is consistent with prior practice and strikes the appropriate balance between upholding the statutory guarantees afforded to all accused before the Mechanism and ensuring that an accused, who is allegedly responsible for some of the most egregious crimes and who has evaded justice for over two decades, remains under the Mechanism’s jurisdiction.

[1] See supra para. 48 [Prosecution Appeal, paras. 3, 31].

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