Case No. IT-99-36/R77

Prosecutor v. Brdjanin

DECISION

THE REGISTRAR,

CONSIDERING the Statute of the Tribunal as adopted by the Security Council under Resolution 827 (1993), and in particular Article 21 thereof;

CONSIDERING the Rules of Procedure and Evidence ("the Rules") as adopted by the Tribunal on 11 February 1994, as subsequently amended, and in particular Rule 77 thereof;

CONSIDERING the Order Instigating Proceedings Against Milka Maglov issued by Trial Chamber II on 8 May 2003, in which the Trial Chamber directed the Registrar to appoint an amicus curiae in accordance with Article 77 (D) (ii) of the Rules to prosecute Milka Maglov for:

  1. the alleged intimidation of a witness; and
  2. the alleged disclosure of the identity of the Witness to a member of the public, in violation of an order of the Chamber.

CONSIDERING that in accordance with Rule 77(E) of the Rules of Procedure and Evidence, procedure, Parts 4-8 of the Rules shall apply mutatis mutandis to the contempt proceedings;

CONSIDERING that although neither Rule 74 (Amicus Curiae) nor the Practice Direction on the Submission of Amicus Curiae Briefs (IT 122) stipulate the qualifications that an amicus curiae should possess, it is, nonetheless, in the interests of justice to ensure that the amicus curiae is a qualified counsel who is familiar with the legal and procedural requirements of prosecuting such a case before the International Tribunal;

CONSIDERING further that although the amicus curiae is not a formal party to the proceedings, it would be consistent with their function and responsibilities that they be bound by the Statute, the Rules of Procedure and Evidence, and any other relevant rules, regulations, and orders of the International Tribunal;

CONSIDERING that Ms. Brenda Hollis is a qualified attorney, who, as a former staff member of the Office of the Prosecutor, possesses substantial experience of criminal law and procedure, as applied by the International Tribunal;

CONSIDERING that the Registry has verified that there would be no conflicts of interest involved if Ms. Hollis were to be assigned as amicus curiae in this case;

HEREBY DECIDES to assign Ms. Brenda Hollis as amicus curiae for the purpose of prosecuting Ms. Milka Maglov for:

  1. the alleged intimidation of the Witness; and
  2. the alleged disclosure of the identity of the Witness to a member of the public, in violation of an order of the Chamber.

HEREBY ORDERS that in the performance of these functions, Ms. Hollis shall be bound by the Statute, the Rules and any other applicable rules and regulations and orders, including the Code of Professional Conduct for Counsel Appearing Before the International Tribunal.

 

__________
David Tolbert
Deputy Registrar

Dated this 29th day of October 2003
At The Hague
The Netherlands