Home

Country Reports

International Links

Regional Links

National Links

Documents

Web Resources


THE STATUTE OF THE IRAQI SPECIAL TRIBUNAL

 

 

SECTION NINE

Appeals and Review Proceedings

 

PART ONE

Appellate Proceedings

Article 25.

a) The Appeals Chamber shall hear appeals from persons convicted by the Trial Chambers or from the Prosecutor on the following grounds:

1.         an error on a question of law invalidating any decision;

2.         an error of procedure; or

3.         an error of material fact which has occasioned a miscarriage of justice.

b) The Appeals Chamber may affirm, reverse or revise the decisions taken by the Trial Chambers.

c) Where a verdict of acquittal is reversed by the Appeals Chamber, the case shall be referred back to a Trial Chamber for retrial.

 

PART TWO

Review Proceedings

Article 26.

a) Where a new fact has been discovered which was not known at the time of the proceedings before the Trial Chambers or the Appeals Chamber and which could have been a decisive factor in reaching the decision, the convicted person or the Prosecutor may submit to the Tribunal an application for review of the judgment.

b) The Appeals Chamber shall reject the application if it considers it to be unfounded.  If it determines that the application has merit, it may, as appropriate:

1.         Reconvene the original Trial Chamber;

2.         Constitute a new Trial Chamber; or

3.         Retain jurisdiction over the matter,

with a view to, after hearing the parties, arriving at a determination on whether the judgment should be revised.

 


Human and Constitutional Rights Resource Page
Back to Statute