Credit for time spent in detention

Notion(s)	Filing	Case
Sentencing \| Credit for time spent in detention \| Life sentence	Appeal Judgement - 28.11.2007	NAHIMANA et al. (Media case) (ICTR-99-52-A)
1112. The Appeals Chamber notes that, pursuant to Rule 101(D) of the Rules, the Chambers are obliged to give credit for any period during which a convicted person was held in provisional detention. Even though the sentence imposed here was life imprisonment, the Trial Chamber should have made it clear that Appellant Ngeze would be credited with the time spent in detention between his arrest and conviction, as this could have an effect on the application of any provisions for early release. Download full document
Notion(s)	Filing	Case
Sentencing \| Credit for time spent in detention \| Life sentence	Judgement on Sentencing Appeal - 26.01.2000	TADIĆ Duško (IT-94-1-A and IT-94-1-Abis)
38. Under Sub-rule 101(D)[1] the Appellant is entitled to credit for the time spent in custody in the Federal Republic of Germany only for the period pending his surrender to the International Tribunal. However, the Appeals Chamber recognises that the criminal proceedings against the Appellant in the Federal Republic of Germany emanated from substantially the same criminal conduct as that for which he now stands convicted at the International Tribunal. Hence, fairness requires that account be taken of the period the Appellant spent in custody in the Federal Republic of Germany prior to the issuance of the Tribunal’s formal request for deferral. show footnotes [1] NOTE: UNDER THE AMENDMENT OF 1 AND 13 DECEMBER 2000 OF THE RULES OF PROCEDURE AND EVIDENCE, RULE 101(D) BECAME RULE 101(C), BUT ITS CONTENT WAS NOT ALTERED. Download full document		ICTR Rule Rule 101(C) ICTY Rule Rule 101(C)
Notion(s)	Filing	Case
Sentencing \| Credit for time spent in detention \| Life sentence	Appeal Judgement - 02.02.2009	KARERA François (ICTR-01-74-A)
397. The Appeals Chamber […] dismisses the Appellant’s claim that the sentence deprived him of the benefit of any credit based on the period already spent in detention. Rule 101(C) of the Rules states that “[c]redit shall be given to the convicted person for the period, if any, during which the convicted person was detained in custody pending his surrender to the Tribunal or pending trial or appeal”. This provision does not affect the ability of a Chamber to impose the maximum sentence, as provided by Rule 101(A) of the Rules. Download full document		ICTR Rule Rule 101(C) ICTY Rule Rule 101(C)