Notion(s) Filing Case
Appeal Judgement - 19.05.2010 BOŠKOSKI & TARČULOVSKI

220. The Appeals Chamber finds the fact that the FYROM granted amnesty to others involved in the FYROM-NLA conflict to be irrelevant in the present case, as the Tribunal is not bound by any act of the FYROM granting amnesty to those involved in the FYROM-NLA conflict under Article 24 of the Statute or Rule 101 of the Rules.[1] The Appeals Chamber also notes that the relevant legislature of the FYROM contains a provision that those who committed criminal acts falling within the jurisdiction of the Tribunal are excluded from the grant of amnesty.[2] Hence, Tarčulovski does not show any alleged error of the Trial Chamber in failing to consider whether such amnesty could have had an impact on his sentence.

[1] The Appeals Chamber notes that while the Trial Chamber must consider the sentencing practices in the former Yugoslavia, it is not bound to strict adherence to these practices, which only provide guidance. See Krajišnik Appeal Judgement, para. 749; Hadžihasanović and Kubura Appeal Judgement, para. 335; Galić Appeal Judgement, paras 400-405. See also Prosecution Response Brief, para. 180.

[2] See Ex. P83, Law on Amnesty, Article 1. See also Trial Judgement, paras 238, 243 and 247.

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ICTY Statute Article 24