In its application for leave to appeal the Decision, the Prosecution argued that the Chamber should have applied a different standard to the assessment of the evidence at the confirmation of the charges stage.
The Pre-Trial Chamber, in its Decision of 25 April, found that the Prosecution’s proposition is without any legal basis.
The Chamber emphasized that the difference between the various stages of the proceedings lies instead in the threshold of proof to be met during the respective stages of the proceedings: for the confirmation of charges the standard of proof is “substantial grounds to believe” that the person committed the crime charged, and for the conviction, the standard is higher - “beyond reasonable doubt” that the accused is guilty.
In the case in question, the Chamber found that the Prosecution failed to meet the threshold of proof required for confirmation of the charges.
As to the assessment of the evidence, the Chamber noted that neither the Statute nor the Rules of the ICC, contrary to the Prosecution’s assertion, draws a distinction as to the way evidence shall be assessed before a Trial Chamber and a Pre-Trial Chamber.
Garda, Decision on the "Prosecution's Application for Leave to Appeal the 'Decision on the Confirmation of Charges'", ICC-02/05-02/09, T. Ch., 25 April 2010.