Right of Prosecution to be heard

Notion(s) Filing Case
Decision on Review - 17.01.2008 GOTOVINA et al.

8. In the instant case, Croatia requests review of a decision, which was issued by Trial Chamber I upon motion of Gotovina.[1] Thus, according to the Rules, Gotovina has the right to be heard on this matter, while the Prosecution may be heard only if the Appeals Chamber considers it in the interests of justice.[2] The Appeals Chamber considers that, since Gotovina was arrested upon request of the Prosecution in the first place,[3] the interests of justice require that the Prosecution be heard in relation to this matter. The Prosecution Motion is therefore validly filed.

[1] Prosecutor v. Ante Gotovina et al., Case No. IT-06-90-PT, Defendant Ante Gotovina’s Motion for Provisional Release, 7 August 2007.

[2] Rule 108 bis (B); Gotovina’s Motion to Strike, paras 2-3.

[3] See, inter alia, Prosecutor v. Ante Gotovina, Case No. IT-01-45-I, Warrant of Arrest – Order for Surrender, 24 February 2004, p. 2.

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ICTY Rule Rule 108bis