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Почетна страна Вести Karadzic submissions on second motion of disqualification, Prosecution motion to strike Judge Antonetti and more
Karadzic submissions on second motion of disqualification, Prosecution motion to strike Judge Antonetti and more Штампа Ел. пошта
Написао Ari Bilotta   
среда, 31 октобар 2018 02:14

October 29, 2018 at 02:12 | by Ari Bilotta
Karadzic provides submissions on second motion to disqualify judges, and Prosecution requests disqualification of Judge Antonetti: On 24 March 2016, an ICTY Trial Chamber convicted President Karadzic of genocide in Srebrenicia in 1995, war crimes, and crimes against humanity. Karadzic was sentenced to 40 years imprisonment. Before the International Residual Mechanism for Criminal Tribunals, both the Prosection and Karadzic appealed the decision with President Meron, and Judges Sekule, Joensen, de Prada and Gatti to hear the appeal. On 27 September 2018 Judge Meron withdrew from the case for having previously made decisions against Karadzic’s subordinates, replacing himself with Judge Rosa.

On 12 October 2018, Karadzic filed, before Senior Judge Antonetti, a second motion to disqualify Judge Meron and a motion to disqualify Judge Sekule. Karadiz contended that the withdrawal Judge Meron had not been fully disposed of as he participated in the case through appointing his own replacement and insisting on the propriety of this decision. Karadzic sought also the disqualification of Judge William Sekule for the appearance of bias resulting from the Judge’s participation in the Popovic et al and Tolimir judgments.

In response, on 15 October 2018, the Prosecution filed a motion to strike Karadzic’s motion to disqualify the Judges. Arguing the motion was improperly filed before Judge Antonetti.

On 17 October 2018, Judge Antonetti issued an order inviting ordered Karadzic to clarify his position on the disqualification of Judge Meron considering the applicable standard. The Judge also invited the Prosecution to file a consolidated response to the second motion to disqualify.

On 19 October 2018, Karadzic clarified his position that Judge Meron, in declining to withdraw his appointment of the replacement judge did not meet the relief sought by Karadzic’s motion, and that reconsideration is necessary in order to avoid an injustice.

On 25 October 2018, the Prosecution filed before Judge Meron a motion to disqualify Judge Antonetti, arguing Judge Antonetti has no jurisdiction over the motions to disqualify Judges Meron and Sekule. The Prosecution argued that Judge Antonetti held actual bias or at least there was an apprehension of bias. This was due to Judge Antonetti’s person interest in cementing the novel disqualification standard stemming from the Mladic case (the Antonetti Test). Also on 25 October, Karadzic responded to the Appeals Chamber arguing Senior Judge Antonetti was properly seised of the Second Motion and should be left to decide it on the merits, and that the Prosecution’s Motion to Strike should be dismissed. (UN MICT Documents Library).


Post by: Ari Bilotta









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