Case No.: IT-03-67-PT
THE PRESIDENT OF THE INTERNATIONAL CRIMINAL TRIBUNAL
Judge Theodor Meron, President
Mr. Hans Holthuis
2 December 2004
DECISION ON REQUEST TO EXCLUDE THE PROSECUTOR OF THE INTERNATIONAL TRIBUNAL – CARLA DEL PONTE
Counsel for the Prosecutor:
Ms. Hildegaard Uertz-Retzlaff
Mr. Daniel Saxon
Mr. Vojislav Seselj
Mr. Tjarda Eduard van der Spoel
1. Vojislav Seselj ("Seselj") has filed before me, as President of the Tribunal, a motion requesting that I issue a decision excluding the Prosecutor, Carla Del Ponte, as the Prosecutor in the case against him.1
2. Seselj does not identify the source of my authority to entertain his Request. He merely argues that the Prosecutor’s actions in instigating a prosecution against him constitutes a violation by the Prosecutor of Article 16 of the Tribunal’s Statute, in that the Prosecutor has not acted independently in indicting him before the Tribunal, and that the Prosecutor does not meet the requirements of that Article, which stipulates that she be of high moral character.
3. I have carefully considered the Request of Seselj, which amounts to numerous allegations of selective prosecutions by the Prosecutor, motivated by financial and political considerations, and personal bias of the Prosecutor against Seselj, for insults he has directed at her in the past. Having considered Seselj Request, I have not been at all persuaded that there is any basis for the numerous allegations he makes concerning the professionalism of the Prosecutor. As I am not persuaded that the allegations made by Seselj have any reasonable basis, I find it unnecessary to consider whether I do have any authority to act as he has requested.
4. On the basis of the foregoing, the Request is dismissed.
Done in English and French, the English version being authoritative.
Done this 2nd day of December 2004,
At The Hague,
Judge Theodor Meron
[Seal of the Tribunal]