Facilitation of transfer

Notion(s) Filing Case
Appeal Judgement - 03.05.2006 NALETILIĆ & MARTINOVIĆ
(IT-98-34-A)

Paras 599-601: mere facilitation by an accused of his transfer to the International Tribunal cannot be considered voluntary surrender. Nevertheless, the underlying rationale for treating voluntary surrender in mitigation also applies to an indictee’s facilitation of the transfer process. The Appeals Chamber found that Martinović facilitated his transfer. As such, this factor should have been considered in mitigation, and the Trial Chamber erred in finding that it “cannot” be considered. 

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ICTR Rule Rule 101(B)(ii) ICTY Rule Rule 101(B)(ii)
Notion(s) Filing Case
Judgement on Sentencing Appeal - 18.07.2005 BABIĆ Milan
(IT-03-72-A)

74. The Appeals Chamber finds that the Appellant’s argument that he surrendered knowing that he “would be facing a prison sentence” has no merit as this might equally be said of every accused having surrendered and pled guilty before the International Tribunal for the serious crimes referred to in the Statute. […].

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