Release on the expiration of the sentence

Notion(s) Filing Case
Decision on Provisional Release - 08.04.2009 HARAQIJA & MORINA

4. Pursuant to Rule 102(A) of the Rules, “as soon as notice of appeal is given, the enforcement of a judgement shall thereupon be stayed until the decision on the appeal has been delivered, the convicted person meanwhile remaining in detention”.[1] Haraqija and the Prosecution filed notices of appeal on 2 January 2009, respectively challenging his conviction and sentence. As a result, the remainder of the sentence imposed by the Trial Chamber against Haraqija will not have expired on 10 April 2009 since it has been stayed pending the disposition of the appeal. Therefore, contrary to Haraqija’s submissions, in these circumstances, the fact that his sentence as imposed by the Trial Chamber would have expired on 10 April 2009 does not itself provide a basis for his release.

[1] See also Morina Provisional Release Decision [Decision on Motion of Bajrush Morina for Provisional Release, 9 February 2009], para. 3.

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ICTR Rule Rule 102(A) ICTY Rule Rule 102(A)