The Defence requested that the appellate proceedings continue, on request of the deceased’s son, and the appeal judgement be issued despite the appellant’s death.
According to the Defence, if relatives of the deceased person are not permitted to pursue his appeal, then "he and his family are deprived of any opportunity of clearing his name, a gross injustice."
The Defence noted that the principle that the family of a deceased person may pursue their appeal against conviction is well recognised, for instance, in England. It concluded that the Tribunal shall also afford the family of the deceased person the same opportunity to clear his name.
Delić, Formal Notification of Death and Motion for Continuation of the Appeal Proceedings, Case No. IT-04-83-A, 21 April 2010.The Appeals Chamber denied the motion merely pointing out that the son is not a party to the proceedings before the Tribunal and, therefore, has no standing to submit a motion.
The Chamber concluded that the motion was not validly filed before the Appeals Chamber and that it has no jurisdiction to consider its merits.
Delić, Decision on Motion for Continuation of the Appellate Proceedings, Case No. IT-04-83-A, App. Ch., 29 June 2010.
