Reconsideration of decision for review

Notion(s) Filing Case
Decision on Reconsideration of Decision for Review - 27.09.2006 NIYITEGEKA Eliézer

In this decision, the ICTR Appeals Chamber rejected Niyitegeka’s request to reconsider its prior denial of a request for review of the appeals judgement. By majority, the Appeals Chamber applied the position taken in Prosecutor v. Zoran Žigić wherein the ICTY Appeals Chamber held that it has “no power to reconsider a final judgement” because it is inconsistent with the Statute of the International Tribunal to provide a “second right of appeal by the avenue of reconsideration of a final judgement.”[1] The Appeals Chamber reasoned that a final judgement is a decision that terminates the proceedings in a case and held that, because its decision on Niyitegeka’s request for review was a final decision closing the proceedings in this case, it would not reconsider this decision.

Paras 1-5: In a separate declaration, Judge Shahabuddeen agreed with the Appeals Chamber’s conclusion that Niyitegeka’s request for reconsideration should be denied; however, he based his decision on the merits of Niyitegeka’s application. Judge Shahabuddeen disagreed with the majority’s view that it may not reconsider a decision on request for review arguing that the Appeals Chamber does in fact have jurisdiction to reconsider such a decision, which is not subject to any further appeal or review proceedings, in order to correct a clear miscarriage of justice. Judge Shahabuddeen noted that while the reconsideration of a decision on a request for review should be limited to exceptional circumstances, it should not be precluded altogether.

Paras 1-4: In a separate opinion, Judge Meron also agreed that Niyitegeka’s request for reconsideration should be dismissed. However, as he did not participate in the Žigić decision, he reached this conclusion solely on the grounds that Niyitegeka’s arguments failed to meet the requirements necessary to obtain reconsideration. Before addressing the merits of Niyitegeka’s request, Judge Meron expressly reserved his position on whether the Appeals Chamber may reconsider its final judgements.

[1] See Žigić Decision on Reconsideration of Appeal Judgement, 26 June 2006 (full text and summary provided in the AC Case Law Research Tool).

Download full document
ICTR Rule Rule 120 ICTY Rule Rule 119