Relevance of the presumption of innocence

Notion(s) Filing Case
Decision on Provisional Release - 14.12.2006 MILUTINOVIĆ et al.

The Appeals Chamber found that the presumption of innocence does not play a determinative role in provisional release decisions.  In paragraph 12, it held:

The Appeals Chamber finds no error in the Trial Chamber’s reasoning.  The Trial Chamber was correct in concluding that the presumption of innocence is not “determinative”, since otherwise, as the Trial Chamber observed, “no accused would ever be detained, as all are presumed innocent.”[1]  Contrary to the suggestion of the Defendants, this Tribunal’s consistent jurisprudence does not treat the presumption of innocence as determinative in assessing whether provisional release should be granted.  Rather, to the extent that this Tribunal has identified determinative factors, it has pointed to those specified in Rule 65(B).[2]

[1] Impugned Decision, para. 8.

[2] See, e.g., Stanišić Decision, para. 7; Prosecutor v. Haradinaj et al., Case No. IT-04-84-AR65.2, Decision on Lahi Brahimaj’s Interlocutory Appeal Against the Trial Chamber’s Decision Denying His Provisional Release, 9 March 2006, para. 6.

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ICTR Rule Rule 65 ICTY Rule Rule 65