Case No. IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision:
17 December 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

______________________________________

DECISION ON ASSIGNED COUNSEL REQUEST FOR CERTIFICATION OF AN INTERLOCUTORY APPEAL AGAINST THE DECISION ON ASSIGNED COUNSEL MOTION FOR WITHDRAWAL

______________________________________

 

Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Geoffrey Nice

The Accused:

Mr. Slobodan Milosevic

Court Assigned Counsel:

Mr. Steven Kay, QC
Ms. Gillian Higgins

Amicus Curiae:

Prof. Timothy McCormack

 

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 the "Request for a Certificate Pursuant to Rule 73(B) to Appeal Against the Trial Chamberís Decision on Assigned Counselís Motion for Withdrawal Dated 7 December 2004", filed 14 December 2004 ("Motion"), requesting the Trial Chamber to grant a certificate pursuant to Rule 73(B) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") to enable Assigned Counsel to file an interlocutory appeal against the Trial Chamberís "Decision on Assigned Counselís Motion for Withdrawal", issued 7 December 2004,

CONSIDERING that the Trial Chamber, in its "Decision on Assigned Counselís Motion for Withdrawal", issued 7 December 2004, determined that the "Assigned Counselís Motion for Withdrawal with Annex A", filed 8 November 2004 ("Motion to Withdraw"), should be denied and instructed the Registrar, pursuant to his powers under Article 19 of the Directive on Assignment of Counsel ("Directive"),1 to deny the Motion to Withdraw,

CONSIDERING that the Registry, in its "Decision", issued 14 December 2004, stated that it was not satisfied that it was in the interest of justice to withdraw Assigned Counsel pursuant to Article 19(A) of the Directive and decided to deny the Motion for Withdrawal,

CONSIDERING that the Trial Chamber did not issue the decision denying the motion for withdrawal and that therefore there is no basis for an application for certification within the terms of Rule 73(B) of the Rules,

PURSUANT to Rule 54 of the Rules,

HEREBY DISMISSES the Motion.

 

Done in both English and French, the English text being authoritative.

_____________
Judge Robinson
Presiding

Dated this seventeenth day of December 2004
At The Hague
The Netherlands

[Seal of the Tribunal]

1. Directive No. 1/94; IT/73/REV. 10.