Gravity of the crimes charged
| Notion(s) | Filing | Case |
|---|---|---|
| Decision on Provisional Release - 02.12.2004 |
ČERMAK & MARKAČ (IT-03-73-AR65.1) |
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25. It is reasonable for a Trial Chamber to take into account the gravity of the offences charged in order to determine whether facing the possibility of a lengthy sentence would constitute an incentive for an accused to flee.[1] It is evident that the more severe the possible sentence which an accused face is facing, the greater is his incentive to flee.[2] [….] 26. The Appeals Chamber recalls, however, that the seriousness of the charges against an accused cannot be the sole factor determining the outcome of an application for provisional release,[3] and emphasizes that a Trial Chamber must take into account the seriousness of the charges in addition to several other factors.[4] [1] Prosecutor v. Blagoje Simić, Case No.: IT-95-9-A, Decision on Motion of Blagoje Simić pursuant to Rule 65(I) for Provisional Release for a Fixed Period to Attend Memorial Service for his Father, 21 October 2004, para. 15. [2] Prosecutor v. Fatmir Limaj et al, Case No.: IT-03-66-AR65.2, Decision on Haradin Bala’s Request for Provisional Release, 31 October 2003, para. 25. [3] Šainović and Ojdanić Appeals Chamber Decision, para. 6; Prosecutor v. Blagoje Simić, Case No.: IT-95-9-A, Decision on Motion of Blagoje Simić pursuant to Rule 65(I) for Provisional Release for a Fixed Period to Attend Memorial Service for his Father, 21 October 2004, para. 15. [4] See Šainović and Ojdanić Appeals Chamber Decision, para. 6. |
ICTR Rule Rule 65 ICTY Rule Rule 65 | |
| Notion(s) | Filing | Case |
| Decision on Provisional Release - 31.10.2003 |
LIMAJ et al. (IT-03-66-AR65) |
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30. The Bench considers that, while under Rule 65(B) of the Rules the seriousness of the charges against an accused cannot be the sole factor that determines the outcome of an application for provisional release, it is certainly one that a Trial Chamber is entitled to take into account when assessing whether an accused, if released, would appear for trial.[1] It is evident that the more severe the sentence which an accused faces, the greater is the incentive to flee. […] [1] The Prosecutor v. Nikola Šainović and Dragoljub Ojdanić, “Decision on Provisional Release”, 30 October 2002, para 6. |
ICTR Rule Rule 65 ICTY Rule Rule 65 | |