Evidence introduced for the first time on appeal

Notion(s) Filing Case
Decision on Conflict of Interest (Markač) - 04.05.2007 GOTOVINA et al.

12. […] The Appeals Chamber notes that most of the Annexes, that is, except Annexes 2 and 3 in the addendum, are being introduced for the first time on appeal. In order for the said information to become part of the record, they have to be admitted as additional evidence pursuant to Rule 115 of the Rules.[1] Because the Appellant has failed to move for their admission pursuant to Rule 115, they will not be considered by the Appeals Chamber.

[1] Prosecutor v. Radovan Stanković, Case No. IT-96-23/2-AR11bis.1, Decision on Rule 11bis Referral, 1 September 2005, para. 37.

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