"Order of the President for the Assignment of a Judge to the Trial Chamber"

29 January 1999
President Kirk McDonald

Background

On 26 January 1999, pursuant to Sub-rule 15(F), Judge Claude Jorda, Presiding Judge of Trial Chamber I hearing the Blaskic case, submitted a report to the President of the Tribunal in which he informed her that, for medical reasons, Judge Fouad Riad would be unable to sit on the case until mid-April 1999 at the earliest.

Judge Jorda also reported that the Prosecution preferred that the trial in the first instance continue with Judge Riad. The accused agreed to a replacement for Judge Riad, subject to the condition that a decision on the replacement be taken by 29 January 1999 and that the trial resume by 15 February 1999. In view of the above, and also because the Defence is now presenting its evidence-in-chief and the fact that the accused has been in detention since 1 April 1996, Judge Jorda informed the President that, in his opinion, replacing Judge Riad would be the best course to follow.

The Order

The President determined that Sub-rule 15(F) allows her to assign a Judge to a Trial Chamber to replace a Judge who is unable to continue sitting in a part-heard case, whereas at this advanced stage of the trial, the continuation of the proceedings, rather than a rehearing, may only be ordered with the consent of the accused. In this regard, the President considered the Conditional Consent of the Accused to the Continuation of the Proceedings Following the Assignment of a New Judge to the Trial Chamber filed with the Registry on 22 January 1999.

Finally, having consulted the Judgs of the Tribunal, the President assigned Judge Almiro Rodrigues to replace Judge Riad in Trial Chamber I for the remainder of the Blaskic case. The President also ordered that the proceedings continue before Trial Chamber I which will now be composed of Judges Claude Jorda (Presiding), Mohamed Shahabuddeen and Almiro Rodrigues.