Absence of mitigating circumstances

Notion(s) Filing Case
Appeal Judgement - 18.03.2010 BIKINDI Simon

194. The Appeals Chamber further considers that, contrary to the Prosecution’s assertion,[1] the Trial Chamber was not obliged to accord “sufficient weight” to the absence of mitigating factors in this case, nor does the Prosecution cite any jurisprudence in support of this proposition. The Appeals Chamber considers that the Trial Chamber properly exercised its discretion when it examined the various mitigating factors advanced by the Appellant, and the submissions advanced by the Prosecution[2] and concluded that “there [were] no mitigating factors that should be taken into account in the determination of the sentence.”[3] The Appeals Chamber finds no discernible error in this approach. In light of the foregoing, the Appeals Chamber finds that the Prosecution has failed to demonstrate that the Trial Chamber abused its discretion by failing to accord sufficient weight to the absence of any mitigating factors in this case.

[1] Prosecution’s Appellant’s Brief [Simon Bikindi v. The Prosecutor, Case No. ICTR-01-72-A, Prosecutor’s Appellant’s Brief, filed on 28 January 2009], paras. 4, 18.

[2] Trial Judgement [The Prosecutor v. Simon Bikindi, Case No. ICTR-01-72-T, Judgement, 2 December 2008], paras. 453-457.

[3] Trial Judgement, para. 458.

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