Judges granted the prosecution’s motion for striking out the notice of appeal after noting that it was invalidly filed for being lodged untimely.
They further noted that the time limit for the filing of a notice of appeal ran from May 8, 2012, when the referral decision was issued and expired on May 23, 2012. But Duty Counsel for ex-Rwandan mayor, Francis Stolla, lodged the notice in question on June 8, 2012.
“Procedural time-limits are to be respected. Violations of these time-limits, unaccompanied by any showing of good cause, will not be tolerated. The Appeals Chamber rejects the notice of appeal as inadmissible and declares the case closed,” reads part of their decision dated July 5, 2012.
The move to oppose the referral had come after ICTR Prosecutor, Hassan Bubacar Jallow, handed over the case file for the fugitive to Rwandan authorities. Rwandan Deputy Prosecutor General, Alphonse Hitiyaremye, received the case file in Arusha on May 24, 2012.
Ntaganzwa, former mayor of Nyakizu commune, Butare prefecture in South Rwanda, is charged with conspiracy to commit genocide, genocide, complicity in genocide, direct and public incitement to commit genocide and crimes against humanity.