Duty to identify mitigating circumstances at trial

Notion(s) Filing Case
Appeal Judgement - 08.04.2015 TOLIMIR Zdravko

644.    As to Tolimir’s argument that it was the Trial Chamber’s duty to consider mitigating circumstances proprio motu […] Rule 86(C) of the Rules provides that sentencing submissions shall be addressed during closing arguments. Rule 85(A)(vi) of the Rules provides that a trial chamber will consider any relevant information that may assist it in determining an appropriate sentence.[1] Appeal proceedings are not the appropriate forum to raise such matters for the first time.[2] Therefore, it was incumbent on Tolimir to identify mitigating circumstances on the trial record in his final brief or during closing arguments.[3] Tolimir’s arguments in this regard are therefore dismissed.

[1] Rule 85(A)(vi) of the Rules.

[2] See Đorđević Appeal Judgement, para. 945. See also Kvočka et al. Appeal Judgement, para. 674.

[3] See Đorđević Appeal Judgement, paras 945-946. See also Bikindi Appeal Judgement, para. 165.

Download full document