IN THE APPEALS CHAMBER

Before:  Judge Theodor Meron, Presiding Judge

Registrar: Mr. Adama Dieng

Order of:  23 September 2004

Aloys SIMBA
v.
THE PROSECUTOR

Case No. ICTR-01-76-AR72.3

ORDER OF THE PRESIDING JUDGE ASSIGNING A BENCH OF THREE JUDGES PURSUANT TO RULE 72(E) OF THE RULES OF PROCEDURE AND EVIDENCE

Counsel for the Prosecution

Counsel for the Defence

 

  

Ms. Melanie Werrett
Mr. James Stewart

Mr. Sadikou Ayo Alao
Ms. Beth Lyons

 

  

I, THEODOR MERON, Presiding Judge of the Appeals Chamber of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States Between 1 January and 31 December 1994 (“International Tribunal”),

NOTING the “Acte d’appel contre la décision de la première chambre en date du 14 juillet 2004, rejetant la requête de la défense en exceptions préjudicielles pour incompétence et pour vice de forme substantiels contre l’acte d’accusation modifié en date du 10 mai 2004,” (“Appeal”) filed by counsel for Aloys Simba on 9 August 2004;

CONSIDERING that the Appeal does not rely on certification by the Trial Chamber under Rule 72(B)(ii) of the Rules of Procedure and Evidence of the International Tribunal (“Rules”) and therefore appears to proceed as of right as an appeal challenging jurisdiction under Rule 72(B)(i) of the Rules;

CONSIDERING that Rule 72(E) of the Rules provides that an appeal brought under Rule 72(B)(i) may not be proceeded with if a bench of three judges of the Appeals Chamber decides that the appeal is not capable of satisfying the requirements of Rule 72(D);

CONSIDERING the composition of the Appeals Chamber of the International Tribunal set out in Document IT/222 of the International Criminal Tribunal for the former Yugoslavia, dated 17 November 2003;

NOTING Article 13(4) of the Statute of the International Tribunal;

FOR THE FOREGOING REASONS,

ORDER that, in the case of Aloys Simba v. Prosecutor, Case No. ICTR-01-76-AR72.3, the determination provided for in Rule 72(E) be made by the following bench:

Judge Theodor Meron

Judge Mehmet Güney.

Judge Wolfgang Schomburg

Done in French and English, the English text being authoritative.

____________________________

Theodor Meron
Presiding Judge of the Appeals Chamber

Done this 23rd day of September 2004,

At The Hague,

The Netherlands.

[Seal of the International Tribunal]