IN THE APPEALS CHAMBER OF THE INTERNATIONAL TRIBUNAL

Before: Judge Rafael Nieto-Navia, Presiding
Judge Wang Tieya
Judge Almiro Simões Rodrigues
Judge David Hunt
Judge Mohamed Bennouna

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
6 May 1999

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC a/k/a “PAVO”
HAZIM DELIC
ESAD LANDZO a/k/a “ZENGA”

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ORDER REGARDING ESAD LANDZO’S REQUEST FOR REMOVAL OF JOHN ACKERMAN AS COUNSEL ON APPEAL FOR ZEJNIL DELALIC

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The Office of the Prosecutor:

Mr. Yapa Upawansa
Mr. Christopher Staker
Mr. Rodney Dixon

Counsel for the Respondents and Cross-Appellants:

Mr. John Ackerman, Mr. Eugene O’Sullivan, for Zejnil Delalic
Ms. Nihada Buturovic, Mr. Howard Morrison, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Mrs. Cynthia Sinatra, Mr. Peter Murphy, for Esad Landzo

 

The Appeals 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 “Esad Landzo’s Request for Removal of John Ackerman as Counsel on Appeal for Zejnil Delalic", filed on 1 February 1999 ("Request");

NOTING the "Response of Zejnil Delalic to Esad Landzo’s Request For Removal of John Ackerman as Counsel on Appeal For Zejnil Delalic", filed on 10 February 1999, “Esad Landzo’s Response to the Response of Zejnil Delalic to Esad Landzo’s Request For Removal of John Ackerman as Counsel on Appeal For Zejnil Delalic", filed on 8 April 1999, and "Zejnil Delalic’s Reply to Esad Landzo’s Response to the Response of Zejnil Delalic to Esad Landzo’s Request For Removal of John Ackerman as Counsel on Appeal For Zejnil Delalic", filed on 13 April 1999;

NOTING that John Ackerman between 25 May 1997 and 16 March 1998 acted as lead counsel for Esad Landzo in the course of the trial proceedings in the present case;

FURTHER NOTING that by a decision of the Deputy Registrar of 4 December 1998 John Ackerman was assigned as counsel on appeal for Zejnil Delalic effective 26 November 1998;

NOTING that Esad Landzo in his written submissions alleges that John Ackerman, in his position as lead counsel for Esad Landzo, was privy to confidential information that could be detrimental to the appeal of Esad Landzo, that inconsistent defences existed between Esad Landzo and Zejnil Delalic throughout the trial, and that in view of these facts John Ackerman’s current representation of Zejnil Delalic gives rise to a conflict of interest;

NOTING that Esad Landzo further submits that John Ackerman is in violation of Rule 1.06 of the Texas Disciplinary Rules of Professional Conduct, which body of Rules is applicable to John Ackerman as being licensed to practice law in the state of Texas, United States of America, and that his conduct in representing Zejnil Delalic is thus in conflict with Sub-rule 44(B) of the Rules of Procedure and Evidence of the International Tribunal ("Rules");

NOTING that Esad Landzo moreover asserts that John Ackerman’s continued representation of co-accused in this case obstructs the proper conduct of the present proceedings within the meaning of Rule 46 of the Rules, and that his conduct should be reported to the State Bar of Texas;

FURTHER NOTING that Zejnil Delalic in opposing the Request submits that no inconsistent defences existed between himself and Esad Landzo at the trial stage of the present case, and asserts that he has no interest that is materially adverse to that of Esad Landzo;

NOTING that Zejnil Delalic further denies that John Ackerman, by his conduct of representing Zejnil Delalic, is in contravention of either the Texas Disciplinary Rules of Professional Conduct or the Code of Professional Conduct for Defence Counsel Appearing Before the International Tribunal (IT/125);

MINDFUL of its obligation under Articles 20 and 21 of the Statute of the International Tribunal ("Statute") to ensure that all proceedings before it are conducted with full respect for the right of every accused and convicted or acquitted person to a fair trial;

CONSIDERING Articles 9 and 20 of the Code of Professional Conduct For Defence Counsel Appearing Before the International Tribunal (IT/125), and Rule 1.06 of the Texas Disciplinary Rules of Professional Conduct;

FINDING that the material before it does not disclose the existence of a conflict of interest or any other ground for holding that John Ackerman is in contravention of the standards of conduct set out in Sub-rule 44(B) of the Rules;

FINDING that the retention of John Ackerman as lead counsel on appeal for Zejnil Delalic does not appear to obstruct the proper conduct of proceedings within the meaning of Sub-rule 46(A);

PURSUANT to Articles 20 and 21 of the Statute and Rules 54 and 46 of the Rules;

HEREBY DENIES the Request.

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

________________________________

Rafael Nieto-Navia
Presiding Judge

Dated this sixth day of May 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]