Defence Appeals

On 30 January the Defence filed a Notice of Appeal against the decision confirming the charges and subsequently requested an extension of the time and page limits applicable to its appeal brief.

The Defence indicated that it intended to appeal the decision under Article 82(1)(b) of the Statute, which provides for an appeal against a decision to release or detain a person who is being investigated or prosecuted.  Under this provision the right to appeal is automatic and leave of the Chamber is not needed. The Defence contended that the effect of the decision to confirm the charges could be characterised as a decision denying release, as it resulted in the continued detention of Mr Lubanga.  The Defence requested that the Appeals Chamber reverse the Pre-Trial Chamber's decision to confirm the charges and order that Mr Lubanga be granted unconditional release pursuant to Article 61(10) of the Statute.

On 1 February the Appeals Chamber issued a decision stating it would first determine whether such an appeal under Article 82 (1) (b) was admissible and sought the submissions of the Defence (by 7 February) and the response of the Prosecution (by 13 February) on this limited issue.

In addition, it appears from a Prosecution filing of 13 February 2007 that the Defence has filed an application for leave to appeal relying upon Article 82(1)(d), as an alternative to the above appeal.  Under Article 82(1)(d) either party may appeal a ‘decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.’  An appeal under Article 82(1)(d) requires leave of the Chamber.  It is expected that a public version of this application will be provided in the near future.

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