Transfer for purposes of meeting with a counsel

Notion(s) Filing Case
Decision on Request for Conference with Former Legal Team - 18.06.2009 MUSEMA Alfred

Musema was convicted to life imprisonment and transferred to the Republic of Mali for the enforcement of his sentence. In the context of the preparation for review proceedings, Musema seeks the Appeals Chamber's authorization for him to travel to The Hague in order to meet with his former Defence team and receive legal advice on potential grounds of review. Having considered that (i) an applicant for review may be assisted by a counsel in connection with a request for review at his own expense, at the expense of a third party, or on a pro bono basis, provided that the counsel files a power of attorney with the Registrar and satisfies the requirements to appear before the Tribunal, and that (ii) the counsel representing the applicant on such a basis would be able to obtain access to the trial and appellate record from the Registry or his client and would also be able to meet with his client at his place of detention at his own expense, the Appeals Chamber held:

p. 3: CONSIDERING that nothing in the Statute, Rules of Procedure and Evidence, or practice of the Tribunal provides for the transfer of a convicted person to another State for purposes of meeting with a counsel;

CONSIDERING that, pursuant to Article 4 of the Agreement, the transfer of a person whose sentence is being enforced in the Republic of Mali is envisioned only in the event that the Tribunal orders that the person appear as a witness before it; 

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