IN THE TRIAL CHAMBER
Before: Judge Adolphus G. Karibi-Whyte, Presiding
Judge Elizabeth Odio Benito
Judge Saad Saood Jan
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of: 15 July 1998
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
ORDER ON ESAD LANDZOS REQUEST FOR DEFINITION
OF DIMINISHED OR LACK OF MENTAL CAPACITY
The Office of the Prosecutor:
Mr. Grant Niemann
Ms. Teresa McHenry
Mr. Giuliano Turone
Counsel for the Accused:
Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene OSullivan, for Zejnil Delalic
Mr. Zeljko Olujic, Mr. Tomislav Kuzmanovic, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Ms. Cynthia McMurrey, Ms. Nancy Boler, for Esad Landzo
THIS 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 ("International Tribunal");
BEING SEISED of "Esad Landzos request for definition of diminished or lack of mental capacity" filed on 29 June 1998 (Official Record at Registry Page ("RP") D6799-D6803) ("Motion");
NOTING the "Order on Esad Landzos submission regarding diminished or lack of mental capacity" of 18 June 1998 (RP D6641-D6643) whereby the Trial Chamber, inter alia, reserved its decision on the definition of diminished or lack of mental capacity to final judgement ("Decision");
FURTHER NOTING that, in the Motion, the Defence for Esad Landzo requests that the Trial Chamber reconsiders the Decision;
CONSIDERING that motions to reconsider are not provided for in the Rules of Procedure and Evidence of the International Tribunal;
FURTHER CONSIDERING that the Trial Chamber, by virtue of the Decision, is functus officio in respect of the issue of whether it will define "diminished or lack of mental capacity" prior to judgement;
FOR THE FOREGOING REASONS, PURSUANT TO RULE 54 denies the Motion.
Done in both English and French, the English version being authoritative.
Adolphus G. Karibi-Whyte
Dated this fifteenth day of July 1998
At The Hague,
[Seal of the Tribunal]