Case No.: IT-02-54-T

THE PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before:
Judge Fausto Pocar, President

Registrar
Mr. Hans Holthuis

Order of:
25 April 2006

PROSECUTOR

v.

SLOBODAN MILOSEVIC

__________________________________________________

DECISION ON REQUEST TO THE PRESIDENT TO ASSIGN A TRIAL CHAMBER

_________________________________________________

The Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Geoffrey Nice

Previously Assigned Counsel:

Mr. Steven Kay Q.C.
Ms. Gillian Higgins

 

1. Counsel previously assigned by Trial Chamber III to represent Slobodan Milosevic filed a Request before me on 13 April 2006 requesting that I assign a Trial Chamber pursuant to Rule 19 of the Rules of Procedure and Evidence ("Rules") to consider the "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”, filed on 17 March 2006 ("Motion").1

2. Prior to filing this Request before me, previously assigned Counsel had filed the Motion before Trial Chamber I. Trial Chamber I dismissed it on the ground that it had no jurisdiction in respect of it.2 In this Request, previously assigned Counsel advises that they "have taken the precautionary step"3of filing an appeal before the Appeals Chamber against the decision of Trial Chamber I on the Motion and they request that I liase with the Appeals Chamber to "secure a fair and speedy outcome".4

3. On 20 April 2006, the Prosecution filed a Response to the Request. In that Response, the Prosecution says that it does not oppose the Request to the President to assign a Trial Chamber to determine the Motion and considers this may be "the more efficient and expeditious course" than a determination by the Appeals Chamber, or remission by the Appeals Chamber back to Trial Chamber I for determination.

4. Despite the submission of the Prosecution, in the circumstances, I do not consider it appropriate that I assign a Trial Chamber to consider the Motion at this time. The issues of which it concerns are currently pending before the Appeals Chamber and should be resolved by that Chamber. Accordingly, the Request is stayed until after the Appeals Chamber has issued its decision.

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

Done this 25th day of April 2006
At The Hague
The Netherlands

__________________
Judge Fausto Pocar
President

[Seal of the International Tribunal]


1. Request to the President of the International Tribunal to Assign a Trial Chamber Pursuant to Rule 19 of the Rules of Procedure and Evidence to Consider "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 Annex 1, 13 April 2006 ("Request").
2. Decision on Submission of Former Court-Assigned Counsel, 6 April 2006.
3. Request, para. 1.
4. Ibid.
5. Prosecution Response to Request to the President of the International Tribunal to Assign a Trial Chamber, 20 April 2006 ("Response").
6. Ibid, para. 4.