Contribution to historical record

Notion(s) Filing Case
Judgement on Sentencing Appeal - 02.04.2007 BRALO Miroslav

At para. 45, the Appeals Chamber found that the contribution to historical record “intrinsically falls within the value given to a guilty plea”:

45. With regard to the Appellant’s claim that the Trial Chamber failed to consider that he contributed to a “historical record”,[1] the Appeals Chamber notes that this factor, although not expressly mentioned by the Trial Chamber, intrinsically falls within the value given to a guilty plea. Indeed, such a contribution to help establish the truth is one of several reasons which have been given in the jurisprudence of the International Tribunal and the ICTR for the mitigating effect of a guilty plea.[2] As such, this factor is part of the substantial weight the Trial Chamber has attached to the Appellant’s guilty plea.[3]

[1] Appellant’s Brief, para. 120.

[2] Dragan Nikolić Judgement on Sentencing Appeal, para. 49. See also Serugendo Trial Judgement and Sentence, para. 55.

[3] Sentencing Judgement, paras 72 and 83.

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