Case No. IT-02-60-PT
IN TRIAL CHAMBER II
Before:
Judge Wolfgang Schomburg, Presiding Judge
Judge Florence Ndepele Mwachande Mumba
Judge Carmel Agius
Registrar:
Mr. Hans Holthuis
Order of:
10 October 2002
PROSECUTOR
v.
VIDOJE BLAGOJEVIC
DRAGAN OBRENOVIC
DRAGAN JOKIC
MOMIR NIKOLIC
________________________
ORDER TO THE REGISTRY
The Office of the Prosecutor:
Mr. Peter McCloskey
Counsel for the Accused:
Mr. Michael Karnavas, Ms. Susanna Tomanovic for Vidoje Blagojevic
Mr. David Wilson, Mr Dusan Slijepcevic, for Dragan Obrenovic
Mr. Miodrag Stojanovic, Ms. Cynthia Sinatra for Dragan Jokic
Mr. Veselin Londrovic, Mr. Stefan Kirsch for Momir Nikolic
I, Wolfgang Schomburg, Judge 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") and Pre-Trial Judge in these proceedings,
BEING SEIZED of a motion filed by the accused Vidoje Blagojevic ("Defence") on 7 October 2002 in which he requests an expedited hearing ex parte and in camera on the question of resources sought from the Registry to allow the accused to adequately prepare for trial ("Motion"),
NOTING that Mr. Karnavas has been acting as assigned counsel for the accused Vidoje Blagojevic since 31 August 2001,
NOTING the letter dated 2 September 20021 from a representative of the Registry to Defence counsel, granting a maximum number of reimbursable hours in relation to certain aspects of the preparation of the defence case,
NOTING the Defence submission that this same representative, upon being informed that the maximum allocation was inadequate to meet the needs of the Defence, had indicated to counsel that he should raise the matter with the Trial Chamber directly, rather than taking it up with the Registrar,
CONSIDERING, therefore, that Defence counsel appears to have exhausted his remedies on this issue within the Registry,
CONSIDERING that, as set out in Article 21(4)(b) of the Statute of the International Tribunal ("Statute"), the accused is entitled "to have adequate time and facilities for the preparation of his defence",
CONSIDERING that, under Article 20 of the Statute, it is the Trial Chamber that is required to ensure that a trial is fair and expeditious and that proceedings are conducted "with full respect for the rights of the accused",
PURSUANT to Rule 54 of the Rules of Procedure and Evidence,
HEREBY INSTRUCT, by Wednesday 23 October 2002,
(1) the Registrar of the Tribunal to identify the legal and factual bases for the decision relating to particular resources sought by the accused Blagojevic, as set out in the confidential and ex parte memorandum filed in support of the Motion and the Addendum thereto, and to provide supporting material if necessary;
(2) the Prosecution to file a response to the Motion, setting out its objections, if any, to the Trial Chamber holding a hearing ex parte the Prosecution on the matters generally referred to in paragraph 18 of the Motion.
Done in English and French, the English version being authoritative.
_______________________________
Judge Wolfgang Schomburg
Presiding
Dated this tenth day of October 2002,
At The Hague
The Netherlands
[Seal of the Tribunal]
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