Case: IT-00-39-T

THE TRIAL CHAMBER I

Before:
Judge Alphons Orie, Presiding
Judge Amin El Mahdi
Judge Joaquín Martín Canivell

Registrar:
Mr Hans Holthuis

Decision of:
6 June 2003

PROSECUTOR
v.
MOMCILO KRAJISNIK

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DECISION ON DEFENCE MOTION FOR ORDER AND DIRECTION

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Office of the Prosecutor:

Mark Harmon
Alan Tieger

Counsel for the Defence:

Goran Nesovic

TRIAL CHAMBER I (the "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 (the "Tribunal")

BEING SEISED OF the Motion for an Order and Direction filed pro se on 16 May 2003 (the "Motion") by Mr. Brashich, in which he seeks, inter alia, an Order "directing him to comply with a certain Decision of the Registry dated May 2, 2003 and giving directions as to the scope of his responsibility";

NOTING the Decision of the Registrar of 2 May 2003 pursuant to Article 19(C) of the Directive on Assignment of Defence Counsel (the "Directive"), in which the Registrar decided to withdraw Mr. Brashich as lead counsel to the Accused and to reassign him as legal consultant for a period of three months, recalling Mr. Brashichís duties under Articles 9(D) and 13(A) of the Code of Professional Conduct for Counsel Appearing Before the International Tribunal (the "Code of Conduct");

CONSIDERING that Article 17 of the Statute of the Tribunal, adopted on 25 May 1993 by the Security Council of the United Nations acting under Chapter VII of the UN Charter, as well as Rule 33 of the Rules of Procedure and Evidence of the Tribunal (the "Rules"), establish the Registry as a separate organ of the Tribunal specifically entrusted with responsibility "for the administration and servicing" of the Tribunal;

CONSIDERING that the Directive was issued by the Registrar, under Rule 45 of the Rules in order, inter alia, to ensure the Accusedís right to a fair trial as prescribed by the Statute;

CONSIDERING that the Code of Conduct was issued by the Registrar, under Rule 46 of the Rules because, inter alia, the interests of justice require all counsel appearing before the Tribunal to adhere to the same code of professional conduct;

NOTING that the Registrarís decisions in matters falling under his authority, including the Decision of 2 May 2003, are legally binding and must be complied with by all persons affected by these decisions;

CONSIDERING that the Chamber is not entrusted in any way with the authority to validate binding Decisions issued by the Registrar;

CONSIDERING that, for the purposes of this trial, Mr. Brashich is bound to comply with the Registrarís Decision of 2 May 2003 and to assist, subject to orders for protective measures, in the transfer of all evidentiary material and knowledge of the case to the next defence team, even if he would consider himself under conflicting obligations due to the order by the Appellate Division of the Supreme Court, First Division New York of 10 April 2003 by which he was suspended from the practice of law in the State of New York effective as of 1 May 2003 (the "suspension order");

RECALLING that, according to his ongoing duties under Article 9(D) of the Code of Conduct, Mr. Brashich should already have been fully engaged in ensuring that the rights of the Accused to a fair and expeditious trial are not jeopardized by his withdrawal as assigned Defence counsel; Mr. Brashich should have anticipated his forced withdrawal at least by 10 April 2003, the date of the suspension order;

THEREFORE, FOR THE FOREGOING REASONS,

PURSUANT TO RULE 54 OF THE RULES

HEREBY

REJECTS the Motion.

 

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

Dated this sixth day of June 2003,
At The Hague,
The Netherlands.

_____________________
Judge Alphons Orie
Presiding Judge

[Seal of the Tribunal]