Gbagbo case: Appeals Chamber dismisses Defence’s appeal against decision on interim release

On 26 October 2012, the Appeals Chamber of the International Criminal Court (ICC) dismissed, by majority, the appeal of Laurent Gbagbo’s Defence against the Pre-Trial Chamber I decision issued on 13 July 2012 rejecting the suspect’s request for interim release. Judge Anita Ušacka and Judge Erkki Kourula attached dissenting opinions to the judgment of the Appeals Chamber.

The Appeals Chamber concluded that the decision by Pre-Trial Chamber I should be confirmed as it was not materially affected by any error.

Judge Ušacka dissented as she considered the impugned decision was fraught with errors, including reliance on abstract factors and not providing reasons that conform to the required standards of a detention decision.

Judge Kourula dissented because in his view, the reasoning provided in the impugned decision was insufficient to support a finding that there was a risk that Mr Gbagbo would obstruct or endanger the investigation or the court proceedings, or that he would continue to commit any of the crimes he is alleged to have committed or any related crimes.

For more information on this case, please click here.

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