IN THE TRIAL CHAMBER

 

 

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

 

Registrar: Mr. Hans Holthuis

Decision of: 6 August 2004

 

PROSECUTOR

v.

SLOBODAN MILOŠEVIĆ

 

_________________________________________________

FURTHER ORDER ON FUTURE CONDUCT OF THE TRIAL CONCERNING ASSIGNMENT OF DEFENCE COUNSEL

_________________________________________________

 

The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
Ms. Hildegard Uertz-Retzlaff

The Accused
Mr. Slobodan Milošević

Amici Curiae
Mr. Steven Kay, QC
Prof. Timothy L.H. McCormack
Ms. Gillian Higgins

 

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 ("the International Tribunal"),

NOTING the "Further Order on Future Conduct of the Trial", issued by the Trial Chamber on 19 July 2004, in which the Trial Chamber recalled its prior Orders on this matter and ordered as follows:

the Prosecution to make submissions, by 26 July 2004, about the role of [assigned] counsel in ensuring the fair presentation of the defence case, in particular in the absence of instructions to, or cooperation with, counsel by the Accused, WHEREAFTER the Trial Chamber will decide what further action to take, including ordering the Accused and Amici Curiae to file submissions in response.

NOTING the confidential "Prosecution’s Submissions in Response to the Trial Chamber’s
19 July 2004 ‘Further Order on Future Conduct of the Trial’", filed on 26 July 2004 ("Prosecution submissions"),

 

CONSIDERING that it is now appropriate to order the Accused and Amici Curiae to file submissions in response thereto,

 

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY ORDERS the Accused and Amici Curiae to file submissions, if any, within two weeks, on:

    1. The role that counsel assigned by the Trial Chamber might play in ensuring the fair presentation of the defence case, in particular in the absence of instructions to, or cooperation with, counsel by the Accused; and
    2. In light of paragraphs 42-44 of the Prosecution’s submissions, the role which the Amici Curiae might play to relieve the Accused of the burden of continuing to represent himself exclusively.

     

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

___________________________

O-Gon Kwon

Judge

 

Dated this sixth day of August 2004
At The Hague
The Netherlands

 

[Seal of the Tribunal]