Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Order of:
27 June 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

________________________________________________

ORDER ON AMICI CURIAE REQUEST CONCERNING THE MANNER OF THEIR FUTURE ENGAGEMENT AND PROCEDURAL DIRECTIONS UNDER RULE 98 bis

_________________________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Mr. Timothy L.H. 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 a request from the amici curiae in which they seek clarification of their role in relation to:

(a) any motion under Rule 98 bis(A) of the Rules of Procedure and Evidence ("Rules") for judgement of acquittal at the conclusion of the Prosecution case; and

(b) their engagement during the Defence case,

CONSIDERING that, since Rule 98 bis permits an accused to file a motion and the Trial Chamber has ordered the amici curiae to make any submissions "properly open to the Accused",1 it is open to the amici to file such a motion,

CONSIDERING that:

(a) During the course of the Defence case, rebuttal and rejoinder, evidentiary and procedural issues may arise as to which the Trial Chamber may benefit from the assistance of amici curiae;

(b) Mr. Steven Kay has the appropriate expertise and experience to deal with such matters but that his availability to assist the Trial Chamber following the conclusion of the Prosecution case is limited;

(c) Ms. Gillian Higgins, having appropriate expertise and experience to assist the Trial Chamber in respect of such matters, and given her familiarity with the case, is in a position to provide such assistance as the Trial Chamber determines is necessary in collaboration with Mr. Kay,

PURSUANT TO Rules 54, 74 and 98 bis of the Rules

HEREBY ORDERS AS FOLLOWS:

(1) The amici curiae may submit a Motion pursuant to Rule 98 bis within seven days of the close of the Prosecution case;

(2) One of the amici curiae may be excused from attendance at the hearings from 1 July, 2003, to prepare such a Motion, but should be available to attend hearings to deal with legal issues as and when required;2

(3) The appointment of Mr. Branislav Tapuskovic as amicus curiae shall end at the conclusion of the Prosecution case. The Chamber expresses its gratitude to Mr. Tapuskovic for his services;

(4) Thereafter, the appointment of Mr. Steven Kay as amicus curiae shall continue and Ms. Gillian Higgins shall be appointed as amicus curiae on the following basis:

(a) Mr. Kay and/or Ms. Higgins shall attend the hearings on a full time basis for the first four weeks of the Defence case, during which time the Trial Chamber will assess the extent to which their presence and assistance is required for the duration of the Defence case and thereafter;

(b) Such assistance as the Trial Chamber determines is thereafter required shall be provided by Ms. Higgins in collaboration with Mr. Kay; and

(c) The Registrar is directed to remunerate Mr. Kay and Ms. Higgins appropriately for their assistance on the basis of services that would be provided by one amicus curiae.

(5) The terms of the appointment of the amicus curiae, Professor Timothy McCormack shall remain the same and are unaffected by this Order.

 

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

_________________
Richard May
Presiding

Dated this twenty-seventh day of June 2003
At The Hague
The Netherlands

[Seal of the Tribunal]


1. "Order Inviting Designation of Amici Curiae", issued on 30 August 2001.
2. The Registrar shall remunerate the amicus curiae for his time spent out of court in accordance with the estimated 600 hours required to prepare the Motion.