2.3 Where the Trial Court is directed to take additional evidence in relation to an appeal it shall certify such evidence that is taken, with a statement of its opinion on the case considered with regard to the additional evidence, to the Court of Appeal, whereupon the Court of Appeal shall then proceed to dispose the appeal.

Rather, the appellant has an erroneous or different understanding of its merit.

The decision may be appealed on very limited legal grounds only.

On 29 July 2004, the Appeals Chamber dismissed Simba's appeal relating to alleged defects in the indictment on the basis of article 7 of the statute.

2.2 A person convicted of any offence by the High Court may apply to adduce additional evidence for the purposes of the appeal in which case the Court of Appeal may, if it thinks such evidence is necessary, either take such evidence itself or direct it to be taken by the Trial Court.

2.7 On appeal, the author was represented by a different legal aid lawyer, who allegedly did not inform the author about the date of the appeal, did not consult with him and conceded before the court that there were no merits in the appeal.

If he wishes to lodge a fresh evidence appeal, the appropriate appeal forms are available at Port Phillip Prison and other prisons.

All of their appeals concerning the issuance of visas are pending before the United States Eleventh Circuit Court of Appeals.

75. The Court of Cassation, formed under Law No. 8 of 1989 has not yet exercised any appellate jurisdiction over criminal security cases, in spite of its technically supreme appellate status, on points of law only. Observations

The Court of Appeal based its decision on the following grounds.

The written judgement of the Court of Appeal shows that author apos s counsel argued the appeal, even if he did not advance all the grounds that the author would have wanted argued.

Before the Court of Appeal, counsel stated that, after having carefully examined the evidence and the judge apos s summing up, he could find no grounds of appeal to argue on his clients apos behalf.

Such a situation could occur if a petition does not contain reasons for the claim as prescribed by law or if the claim otherwise is deemed to be manifestly unfounded.

The Appeals Chamber and the pre appeal judge issued several pre appeal decisions and two decisions on motions for admission of additional evidence under rule 115 filed by the appellant.

In the case of kidnapping, he has legal representation and may appeal to a higher court.

The appeals court hears all kinds of appeals against judgements handed down by courts of first instance.

It concluded that the Indictment Chamber of the Court of Appeal, having examined the facts, had properly assessed all the elements of the file and had decided in the light of all the available evidence.

According to the non governmental organization Civil Rights Project, however, some 400 appeals against passport denials on grounds that include pending criminal charges and debt remain to be processed.

At present, at least five serious crimes cases remain pending before the Court of Appeal and it is expected that additional appeals will be filed by 20 May 2005.

It is submitted that other grounds of appeal, based on the above matters, should have been argued.

2.1 In the early hours of 5 February 1996, the complainant was arrested at his home in Novi Sad, in the Serbian Province of Vojvodina, and taken to the police station in Kraljevica Marka Street.

Sat on Court of Appeal on many occasions as Acting Justice of Appeal and on one occasion continuously for almost a year.

They contend that the expression groups of individuals , whatever its outer limits may be, clearly covers entities that organize individuals for a specific, common purpose, such as congregations and membership organizations.

There was no evidence. He presented no evidence of that.

An appeal was said to be pending at the Office of the Procurator General of the Russian Federation.

3.5 As regards the appeal, it is submitted that Mr. Wright was not informed about the date of the appeal hearing, that his lawyer did not consult him before the hearing and that he only learned about the appeal when his lawyer informed him that it had failed.

(b) On medical grounds by direction of the medical officer

As the author has provided no evidence to show that the appellate courts' decisions suffered from such defects, the Committee considers this claim as unsubstantiated for purposes of admissibility and thus inadmissible under article 2 of the Optional Protocol.

It is argued that that left the authors without effective representation at the appeal, thereby violating their right to a fair trial.

The United States Government again appealed the decision and Mr. Ali cross appealed to preserve appellate review of all issues in his case.

9.3 As regards the claim that Mr. Burrell apos s representation on appeal was inadequate, the Committee notes that it appears from the judgement of the Court of Appeal that Mr. Burrell apos s legal aid counsel for the appeal (who had not represented him at the trial) conceded at the hearing that there was no merit in the appeal.

The author regards the Court of Appeals' evidentiary findings in his case as unwarranted and highly inappropriate , and not based on the whole record.

The Appeals Chamber remains seized of the appeal in the Tadic case, with the Defence requesting the assistance of the Chamber in seeking access to evidence that was allegedly unavailable at trial.

He was allegedly charged with murder the case is pending before the Supreme Court.

The complainant, who appealed the judgement to the Bordeaux Administrative Court of Appeal on 4 January 2002, makes no claim to the Committee that the manner in which the evidence he produced was evaluated by the Court of Appeal was clearly arbitrary or amounted to a denial of justice .

Finally, the Court of Appeal rejected the lower court's argument that a referral to arbitration of only some of the causes of action brought before it could be inconvenient , as there would be two suits at the same time, with the risk of contradictory findings.

Officials responsible for carrying out an execution order should be fully informed of the state of appeals and petitions for clemency of the prisoner in question, and should not proceed to an execution if an appeal or other recourse procedure is still pending.

In the light of this conclusion, the claim under article 26 concerning the absence of protection of political belief in the Ontario Code is rendered hypothetical.

The Appeals Chamber held that the impugned decision was without interlocutory appeal and that it lacked jurisdiction to consider the Appellant's Notice of Appeal.9

Counsel also acknowledges that the complainant did not refer his case to CRR.

The Court of Appeal considered the evidence in respect of each appellant.

He also claims that the failure of his appeal lawyer to act on the information given to him, his concession to the appeal court that there was no merit in the appeal, and the court apos s failure to replace the lawyer in the light of that concession, amounts to a violation of article 14, paragraph 3 (d).

As to the alleged failure to notify the author of the date of the hearing of the appeal, the State party recalls that it is the responsibility of the Court of Appeal Registry to notify inmates of the date on which their appeals will be heard.

In the circumstances, the Committee, acting in accordance with rule 109, paragraph 7, of its rules of procedure, is obliged to consider the admissibility and the merits of the complaint in the light of the available information, due weight being given to the complainant's allegations to the extent that they have been sufficiently substantiated.

3.3 Furthermore, the author submits that before the Court of Appeal, his counsel, who had not represented him at first instance, made no submissions in support of the appeal.