"I have been saying this all along, although there have been misinterpretations. The fact that a motion is filed cannot be treated as a secret, only its contents can," Nobilo told Hina in a telephone interview.
The Hague tribunal on Tuesday declassified some of the supporting material relating to the prosecution motion filed in late July this year, confirming that the motion was being reviewed by the Appeals Chamber. The motion itself, however, remained classified.
Nobilo said that the defence had already responded to the prosecution motion and that the Appeals Chamber was now reviewing both the prosecution motion and the defence response. He declined to reveal any details of the defence response, citing confidentiality of the document.
Nobilo said that the Chamber could either decide to uphold or reject the motion for the renewal of the trial based on written briefs filed by the two parties, or it could schedule a hearing of the prosecution motion and decide after it.
Rule 120 of the tribunal's Rules of Procedure and Evidence says: "If a majority of Judges of the Chamber (...) agree that the new fact, if proved, could have been a decisive factor in reaching a decision, the Chamber shall review the judgement, and pronounce a further judgement after hearing the parties."