Alleged fair trial violations

Notion(s) Filing Case
Decision on Motion for Clarification - 01.07.2009 NIYITEGEKA Eliézer

6. […] Niyitegeka is not seeking clarification of any of the Appeals Chamber’s previous rulings or decisions, but is instead requesting legal advice concerning potential jurisdictions that could determine anew the validity of his conviction and rule on the alleged violations of his right to a fair trial. The Appeals Chamber considers that it is not within its remit to do so; the Appeals Chamber does not have advisory power,[1] in particular concerning other jurisdictions.

In reaching this conclusion, the Appeals Chamber stressed that “the charges against Niyitegeka have already been determined and that his conviction has been confirmed on appeal; he is not an accused before the Tribunal but a convicted person whose case has reached finality”. Hence, it found Niyitegeka’s references to Article 19(1), 20(2) and 20(4)(d) of the Statute of the Tribunal inapplicable to his current situation. (para. 5).

[1]   The Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-A, Judgment, 1 June 2001, para. 23. See also Prosecutor v. Radoslav Brđanin, Case No. IT-99-36-A, Decision on Motion to Dismiss Ground 1 of the Prosecutor’s Appeal, 5 May 2005, p. 3.

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