Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Dorothee de Sampayo Garrido-Nijgh

Decision of:
14 July 2000





Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Nicola Piacente
Ms. Brenda Hollis

Counsel for the Accused:

Mr. Goran Neskovic
Ms. Svetislav Stanjevic
Ms. Milena Kusmuk


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 "Defendant’s Application for Leave to be Represented by Experts and Attorneys on the Pro Bono Basis" filed on 6 July 2000 by the Defence ("the Request"),

NOTING the Order issued by the Trial Chamber on 27 June 2000 setting the hearing on preliminary motions for Wednesday 19 July 2000,

NOTING that the Request seeks leave of the Trial Chamber for Momcilo Krajisnik ("the Defendant"), to be represented at the hearing on preliminary motions by five named persons on a pro bono basis, in addition to his assigned counsel,

CONSIDERING the duty incumbent upon the Trial Chamber to exercise control over the proceedings so as to avoid needless consumption of time,

CONSIDERING that Mr. Goran Neskovic has been assigned to represent the accused by the Registrar of the International Tribunal, pursuant to Rule 45 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), and therefore the Defendant is adequately represented for the hearing,

CONSIDERING that Article 16 of the Directive on the Assignment of Counsel ("Directive") adopted by the International Tribunal provides that an accused shall be entitled to have one counsel assigned to him and that counsel "shall deal with all stages of procedure and all matters arising out of the representation of the … accused or of the conduct of his defence",

CONSIDERING that Article 16 (G) of the Directive also provides: "Other than in exceptional circumstances, no counsel shall be assigned to more than one suspect or accused at a time",

CONSIDERING that two of the named persons have already been assigned to other accused awaiting trial before the International Tribunal and two others are currently appointed as legal assistants to other accused,

CONSIDERING that the remaining person named in the Request, Professor Radomi Lukic is listed as an expert in constitutional law and international law,

CONSIDERING the practice of the International Tribunal to permit an expert to be present in the courtroom to advise counsel during part of the proceedings,

CONSIDERING also the specific nature of the preliminary motions to be heard on 19 July 2000,

PURSUANT TO Rule 54 of the Rules,

HEREBY DENIES the Request in respect of all persons other than Professor Lukic and ORDERS as follows:

  1. Professor Lukic may accompany assigned counsel at the bar table for the hearing on the preliminary motions;

  2. Save with the express leave of the Trial Chamber, only assigned counsel may address the Trial Chamber during the hearing.

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


Richard May
Presiding Judge

Dated this fourteenth day of July 2000
At The Hague
The Netherlands

[Seal of the Tribunal]