Considerations of fairness and prejudice to the Appellant

Notion(s) Filing Case
Decision on Leave to Respond to Oral Arguments - 05.03.2007 BRALO Miroslav

18. In fairness to the Appellant, the Appeals Chamber has reviewed the Prosecution arguments submitted at the Appeal Hearing that the Appellant claims to be new and “quite important”,[1] and notes that it is true that some of these arguments have not been raised by the Prosecution in its Respondent’s Brief or other previous filings. However, the Appeals Chamber finds that, even if theses new arguments were to be taken into account by the Appeals Chamber (a question that the Appeals Chamber need not address here), the Appellant would not suffer any prejudice by not having been authorized to reply to them in writing. The Appeals Chamber emphasizes that the present decision should not be interpreted as prejudging in any way the admissibility or success of the arguments contained in other briefs and submissions made by the parties in the present case.

[1] Appellant’s Motion, para. 7.a.

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