32.       The Appeals Chamber recalls that “because of the Tribunal’s mandate and of the inherent complexity of the cases before the Tribunal, it is not unreasonable to expect that the judicial process will not always be as expeditious as before domestic courts”.[1] In the circumstances of this case, which is one of the largest ever heard by the Tribunal, the significant period of time which elapsed during these proceedings can be reasonably explained by its size and complexity. The pace of the trial was not dissimilar from that of other multi-accused trials, where no undue delay has been identified.[2] As a result, the fact that some multi-accused cases may have proceeded at a more accelerated pace does not, in and of itself, demonstrate that the duration of proceedings in this case amounted to undue delay.

33.       Although the size and complexity of the case resulted from the Prosecution’s decision to jointly charge four senior government officials, Mugiraneza fails to demonstrate that this decision improperly prolonged his trial. The Appeals Chamber also considers speculative Mugenzi’s contention that investigative failings resulted in the size and complexity of the case or that the Prosecution acted impermissibly simply because much of the Prosecution’s case at trial was deemed unproven. The Appeals Chamber likewise dismisses Mugiraneza’s unsubstantiated contention that the Prosecution’s disclosure violations resulted in undue delay.

359. Turning to the merits of the submissions before it, the Appeals Chamber recalls that, as previously held, the length of an accused’s detention does not in itself constitute undue delay, and the fact that the co-Appellants had been detained for many years at the time of the issuance of the Trial Judgement is insufficient, in itself, to show that the Trial Chamber erred in its determination that there was no undue delay in the proceedings.[1] Because of the Tribunal’s mandate and of the inherent complexity of the cases before it, it is not unreasonable to expect that the judicial process will not always be as expeditious as before domestic courts.[2]

360.  It is well established in the Tribunal’s jurisprudence that the complexity of a case is one of the factors to be taken into account when assessing whether undue delay has occurred.[3] A number of factors are relevant to determining the level of complexity of a particular case, including the number of counts, the number of accused, the number of witnesses, the quantity of evidence, and the complexity of the facts and of the law.[4]

Pages 2-3:

RECALLING that, pursuant to paragraphs 6(a) and 7 of the Practice Direction on Lengths of Briefs and Motions, an appellant’s and a respondent’s briefs in an appeal from a trial judgment should not exceed 30,000 words where the appeal is not restricted to sentencing issues;[1]

RECALLING that, pursuant to paragraph 17 of the Practice Direction, a party must seek advance authorization to exceed the word limits set out in the Practice Direction, and must provide an explanation of the exceptional circumstances that necessitate the oversized filing;

RECALLING FURTHER that, pursuant to the same paragraph of the Practice Direction, a judge may dispose of a motion for an extension of a word limit without hearing the other party unless it is considered that there is a risk that the other party may be prejudiced;

EMPHASIZING that the quality and effectiveness of an appeal brief do not depend on its length, but on the clarity and cogency of the arguments presented and that, therefore, excessively long briefs do not necessarily facilitate the efficient administration of justice;[2]