Susica Camp, Prosecutor v. D. Nikolic, Warrant of Arrest, IT-94-2 (ICTY TC, Nov. 04, 1994)

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Celebici Camp, Prosecutor v. Mucic et al., Order on Esad Landzo's Request for Definition of Diminished or Lack of Mental Capacity, IT-96-21 (ICTY TC, Jul. 15, 1998)
IN THE TRIAL CHAMBER

Before: Judge Adolphus G. Karibi-Whyte, Presiding

Judge Elizabeth Odio Benito

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 15 July 1998

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"

__________________________________________

ORDER ON ESAD LANDZO’S REQUEST FOR DEFINITION
OF DIMINISHED OR LACK OF MENTAL CAPACITY

__________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann

Ms. Teresa McHenry

Mr. Giuliano Turone

Counsel for the Accused:

Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene O’Sullivan, for Zejnil Delalic

Mr. Zeljko Olujic, Mr. Tomislav Kuzmanovic, for Zdravko Mucic

Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic

Ms. Cynthia McMurrey, Ms. Nancy Boler, for Esad Landzo

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 "Esad Landzo’s request for definition of diminished or lack of mental capacity" filed on 29 June 1998 (Official Record at Registry Page ("RP") D6799-D6803) ("Motion");

NOTING the "Order on Esad Landzo’s submission regarding diminished or lack of mental capacity" of 18 June 1998 (RP D6641-D6643) whereby the Trial Chamber, inter alia, reserved its decision on the definition of diminished or lack of mental capacity to final judgement ("Decision");

FURTHER NOTING that, in the Motion, the Defence for Esad Landzo requests that the Trial Chamber reconsiders the Decision;

CONSIDERING that motions to reconsider are not provided for in the Rules of Procedure and Evidence of the International Tribunal;

FURTHER CONSIDERING that the Trial Chamber, by virtue of the Decision, is functus officio in respect of the issue of whether it will define "diminished or lack of mental capacity" prior to judgement;

FOR THE FOREGOING REASONS, PURSUANT TO RULE 54 denies the Motion.

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

____________________________

Adolphus G. Karibi-Whyte

Presiding Judge

Dated this fifteenth day of July 1998

At The Hague,

The Netherlands.

[Seal of the Tribunal]

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