Motion for mistrial at appellate stage

Notion(s) Filing Case
Mistrial Decision - 02.04.2014 STANIŠIĆ & ŽUPLJANIN

33.     […] A mistrial is a trial that has been terminated prior to its conclusion.[1] A motion to declare a mistrial must thus be filed during the trial. This type of motion is not available or necessary in the appeal phase of a case. Whereas at the trial phase, bringing such a motion may be “indispensable to the grant of fair and appropriate relief,”[2] in appeal proceedings an allegation of a violation to the right to a fair trial will be considered in the appeal judgement.[3]

[1] Bryan Garner (ed.), Black’s Law Dictionary (St. Paul, Minn.: West, 2009, 9th ed.), p. 1093 (“mistrial …1. A trial that the judge brings to an end, without a determination on the merits, because of a procedural error or serious misconduct occurring during the proceedings.”) (emphasis added).

[2] Delalić et al. Appeal Judgement, paras 643-645. 

[3] [See Prosecutor v. Milan Martić, Case No. IT-95-11-A, Judgement, 8 October 2008 (“Martić Appeal Judgement”), paras 30, 39-46; Prosecutor v. Enver Hadžihasanović and Amir Kubura, Case No. IT-01-47-A, Judgement, 22 April 2008, paras 43, 77-107; Prosecutor v. Stanislav Galić, Case No. IT-98-29-A, Judgement, 30 November 2006 (“Galić Appeal Judgement”), paras 27-45; Prosecutor v. Zejnil Delalić et al., Case No. IT-96-21-A, Judgement, 20 February 2001 (“Delalić et al. Appeal Judgement”), paras 651-709; Prosecutor v. Anto Furundžija, Case No. IT-95-17/1-A, Judgement, 21 July 2000 (“Furundžija Appeal Judgement”), paras 164-215. See also Ildephonse Hategekimana v. The Prosecutor, Case No. ICTR-00-55B-A, Judgement, 8 May 2012, paras 12-21; Tharcisse Renzaho v. The Prosecutor, Case No. ICTR-97-31-A, Judgement, 1 April 2011, paras 13-50; François Karera v. The Prosecutor, Case No. ICTR-01-74-A, Judgement, 2 February 2009, paras 371-379; Ferdinand Nahimana et al. v. The Prosecutor, Case No. ICTR-99-52-A, Judgement, 28 November 2007 (“Nahimana et al. Appeal Judgement”), paras 18, 47-90; Laurent Semanza v. The Prosecutor, Case No. ICTR-97-20-A, Judgement, 20 May 2005, paras 12-58; Eliézer Niyitegeka v. The Prosecutor, Case No. ICTR-96-14-A, Judgement, 9 July 2004, paras 43-46; Georges Anderson Nderubumwe Rutaganda v. The Prosecutor, Case No. ICTR-96-3-A, Judgement, 26 May 2003 (“Rutaganda Appeal Judgement”), paras 36-125; The Prosecutor v. Jean-Paul Akayesu, Judgment, 1 June 2001, paras 85, 194-207.] See also Delalić et al. Appeal Judgement, paras 643-645.  

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