On 12 April 2019, the final report of three students from the University of Groningen was presented to the ADC-ICT on early release, commutation of Sentence and Pardon before the UN-IRMCT. The three students were Sarah Micheuz, Aleksander Saša Milošević and Deborah Nidelon. This project formed part of their of their studies on International Law in Practice, a course for their LL.M in Public International Law.
The project was initiated as the Mechanism has recently imposed conditions on convicted persons when they have been released early by the President, despite this practice not previously been done.
Rule 150 of the Rules of Procedure and Evidence (RPE) of the International Residual Mechanism of Criminal Tribunals (IRMCT), and Practice Direction (PD) MICT/3/Rev.1, provide for the possibility of early release, commutation of sentence or pardon (ERCP) for persons sentenced by the IRMCT, the International Criminal Tribunal for Rwanda (ICTR) or the International Criminal Tribunal for the former Yugoslavia (ICTY). In the past, the main criteria were that the applicant had served two-thirds of their sentence, had met certain rehabilitation requirements and had demonstrated good behaviour. If an application was granted, no further conditions were imposed on the applicant. However, in several recent decisions by the IRMCT President, conditions were imposed, such as that the applicant may not have contact with witnesses.
The ADC-ICT would like to thank the students for their invaluable work on this project which has already assisted defence counsel appearing before the Mechanism.
The full report is available here.