Case: IT-02-54-T

IN TRIAL CHAMBER I

Before:
Judge Alphons Orie, President
Judge Christine van den Wyngaert
Judge Bakone Justice Moloto

Registrar:
Mr Hans Holthuis

Decision of:
6 April 2006

PROSECUTOR

v.

SLOBODAN MILOSEVIC

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DECISION ON SUBMISSION OF FORMER COURT-ASSIGNED COUNSEL

___________________________________________________________________________

Office of the Prosecutor

Ms Carla del Ponte
Mr Geoffrey Nice

Former court-assigned Counsel

Mr Steven Kay
Ms Gillian Higgins

 

THE TRIAL CHAMBER,

NOTING the order of the President of the Tribunal, dated 14 March 2006, appointing this Trial Chamber "to consider the question of varying or lifting the protective measures granted with regard to certain materials filed in the Milosevic case for purposes of granting access to those materials to the authorities of The Netherlands to assist their inquest into the death of Slobodan Milosevic and to Judge Kevin Parker to assist his internal inquiry into the death of Slobodan MilosevicĒ ("Inquest" and "Inquiry", respectively);

NOTING the Trial Chamberís "Order Lifting Confidentiality of Relevant Materials for Investigation Purposes", of 16 March 2006, which implemented the Presidentís order;

NOTING the Deputy Registrarís decision of 17 March 2006 terminating the assignment of Mr Kay and Ms Higgins as counsel and co-counsel of the late Mr Slobodan Milosevic, effective as of 14 March 2006;

NOTING the submission before this Trial Chamber, filed on 17 March 2006 by the former court-assigned counsel of the late Mr Milosevic, entitled "Assigned Counsel Motion to Lift the Confidential Status of All Pleadings and Medical Reports Relating to (i) the Assigned Counsel Request for Provisional Release, and (ii) the Litigation Arising from the Medical Treatment of Mr Slobodan Milosevic in the United Nations Detention Unit and Confidential Annexes A and B";

CONSIDERING that the Presidentís order empowered this Trial Chamber to consider the question of access to confidential information solely for the purposes of the Inquest and the Inquiry, and that the submission before us is unrelated to that question;

PURSUANT to Rule 54 of the Tribunalís Rules of Procedure and Evidence:

DIRECTS the Registry to inform Mr Kay and Ms Higgins that their submission was improperly filed before this Trial Chamber because the Trial Chamber has no jurisdiction in respect of it.

 

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

___________________
Judge Alphons Orie
President

Dated this 6th day of April 2006
At The Hague, The Netherlands

[Seal of the Tribunal]