Case No. IT-02-60-T

IN TRIAL CHAMBER I, SECTION A

Before:
Judge Liu Daqun, Presiding
Judge Volodymyr Vassylenko
Judge Carmen Maria Argibay

Registrar:
Mr. Hans Holthuis

Decision of:
25 July 2003

PROSECUTOR

v.

VIDOJE BLAGOJEVIC
DRAGAN JOKIC

___________________________________

DECISION ON VIDOJE BLAGOJEVIC’S REQUEST FOR CERTIFICATION

___________________________________

The Office of the Prosecutor:

Mr. Peter McCloskey

Counsel for the Accused:

Mr. Michael Karnavas and Ms. Suzana Tomanovic for Vidoje Blagojevic
Mr. Miodrag Stojanovic and Ms. Cynthia Sinatra for Dragan Jokic

 

TRIAL CHAMBER I, SECTION A, ("Trial Chamber") of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("Tribunal"),

NOTING the Trial Chamber’s decision of 3 July 2003, “Decision on Independent Counsel for Vidoje Blagojevic’s Motion to Instruct the Registrar to Appoint New Lead and Co-Counsel,” (“Trial Chamber’s Decision”), in which it denied the Accused’s motion to replace his lead counsel and co-counsel,1

BEING SEISED OF the "Request for Certification (Rule 73)," ("Request"), filed on behalf of Accused, Vidoje Blagojevic, in accordance with Rule 73 (C) of the Rules of Procedure and Evidence of the Tribunal ("Rules") on a confidential and ex parte basis on 25 July 2003 and within the time-frame prescribed by the Trial Chamber,2

NOTING that the Request submits that, inter alia, that the denial of his Motion "significantly affects the fair and expeditious conduct of the proceedings and/or the outcome of the trial," and that an immediate resolution by the Appeals Chamber is therefore necessary,

NOTING that Rule 73 (B) of the Rules provides:

Decisions on all motions are without interlocutory appeal save with certification by the Trial Chamber, which may grant such certification if the decision involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.

CONSIDERING that the issue of assignment of counsel is an issue which affects the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings,

RECALLING that the Motion was filed on an ex parte and confidential basis,

PURSUANT TO Rule 73 of the Rules of the Tribunal,

HEREBY GRANTS the Motion and further ORDERS:

  1. The Accused shall file his appeal to the Appeals Chamber by 1 August 2003, in accordance with Rule 73 of the Rules;

  2. The Accused shall file his appeal on an ex parte and confidential basis, as the underlying Motion and the Request were filed on an ex parte and confidential basis. For the purposes of the appeal, "ex parte" shall mean: Prosecution and co-accused, Dragan Jokic.

  3. Lead counsel and co-counsel currently assigned to the Accused Vidoje Blagojevic ("Counsel") shall be included in the distribution of the filed appeal. The Request shall also be made available to Counsel; and

  4. It shall be for the Appeals Chamber to decide which additional parties to these proceedings, if any, shall have access to the appeal and shall have standing to file a response to the appeal.

 

Done in English and French, the English version being authoritative.

_______________
Judge Liu Daqun
Presiding

Dated this twenty-fifth day of July 2003,
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Independent Counsel for Vidoje Blagojevic’s Motion to Instruct Registrar to Appoint New Lead and Co-Counsel,” filed on an ex parte and confidential basis on 5 June 2003 ("Motion").
2. Decision on Independent Counsel’s Request for Extension of Time to File Request for Certification (Rule 73), 17 July 2003.