|Petronijvic: Involment of UN Security Council not excluded|
|петак, 02 новембар 2018 01:54|
BELGRADE, November 2 /SRNA/ - One of Radovan Karadzic’s legal representatives, attorney Goran Petronijevic, told SRNA today that there is currently no trial chamber of the Mechanism in The Hague to decide on Radovan Karadzic’s appeal, and that involvement of the UN Security Council is not excluded.
"You witness a complete collapse at this moment, as our people would say, you cannot have head or tail of this situation, and we expect the outcome of that all. The involvement of the UN Security Council in this issue is not excluded, as there is no a chamber at this moment to decide upon appeal against Karadzic's sentence," said Petronijevic.
He has said that at this moment there are two different chambers that should decide upon Karadzic’s appeal.
Petronijevic has said that this is an indicator that a serious problem exists at the Hague Tribunal.
On October 25, the Office of the Prosecutor of the Mechanism requested the recusal of Judge Jean-Claude Antonetti from the decision making process on Karadzic's request to recuse Judge William Sekule from his appeals chamber, who was appointed by the president of the Mechanism, Theodor Meron, who had previously recused himself from the Karadzic’s appeals cha,ber upon defence team’s motion.
Petronijevic has recalled that the defence team had filed a motion for recusal of judge Meron from the case, explaining that the recusal means that he should not decide on anything related to this procedure.
According to him, if someone is biased as a judge, then he cannot decide either as president of the court.
The RTRS had previously reported that the Hague Tribunal judges had divided opinions in the Karadzic case, so the process was practically divided, as two opposing decisions were made, and it is not known who would give a final verdict.
Judge Antonetti adopted the defence team’s motion and recused Judge Ivo Nelson Rosa from the appeals chamber, whowas appointed by the court president, Theodor Meron, as his replacement.
Studying the documentation, Antonetti found that Meron undoubtedly seemed to be a biased judge in Karadzic's proceedings, since in other proceedings he marked Karadzic as a participant in a criminal enterprise during the war in BiH.
Therefore, Antonetti says, Meron cannot act in Karadzic's case, nor can he name his replacement.
At the same time, the Trial Chamber held that Meron, as the president of the Court, had the right to appoint judges to the appeals chambers and dismissed the defence team’s motion for his complete recusal from Karadzic's proceedings.
The Trial Chamber also dismissed the second defence team’s motion for recusal over the bias of Judge William Sekule, on the grounds that it should have been filed earlier and that it was incorrectly referred to Judge Antonetti, who is ranked second when it comes to jurisdiction, after Meron.
In March 2016, Karadzic was sentenced to 40 years in prison for being convicted of genocide in Srebrenica and crimes against humanity in BiH from 1992-1995.
The appeal proceedings in his case entered the advanced phase, but due to the new circumstances and the determinations which trial chamber will decide on appeals, it paused.
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