Case No. IT-02-60-T
IN TRIAL CHAMBER I, SECTION A
Before:
Judge Liu Daqun, Presiding
Judge Volodymyr Vassylenko
Judge Carmen Maria Argibay
Registrar:
Mr. Hans Holthuis
Decision of:
25 July 2003
PROSECUTOR
v.
VIDOJE BLAGOJEVIC
DRAGAN JOKIC
___________________________________
DECISION ON VIDOJE BLAGOJEVIC’S REQUEST FOR CERTIFICATION
___________________________________
The Office of the Prosecutor:
Mr. Peter McCloskey
Counsel for the Accused:
Mr. Michael Karnavas and Ms. Suzana Tomanovic for Vidoje Blagojevic
Mr. Miodrag Stojanovic and Ms. Cynthia Sinatra for Dragan Jokic
TRIAL CHAMBER I, SECTION A, ("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 ("Tribunal"),
NOTING the Trial Chamber’s decision of 3 July 2003, “Decision on Independent Counsel for Vidoje Blagojevic’s Motion to Instruct the Registrar to Appoint New Lead and Co-Counsel,” (“Trial Chamber’s Decision”), in which it denied the Accused’s motion to replace his lead counsel and co-counsel,1
BEING SEISED OF the "Request for Certification (Rule 73)," ("Request"), filed on behalf of Accused, Vidoje Blagojevic, in accordance with Rule 73 (C) of the Rules of Procedure and Evidence of the Tribunal ("Rules") on a confidential and ex parte basis on 25 July 2003 and within the time-frame prescribed by the Trial Chamber,2
NOTING that the Request submits that, inter alia, that the denial of his Motion "significantly affects the fair and expeditious conduct of the proceedings and/or the outcome of the trial," and that an immediate resolution by the Appeals Chamber is therefore necessary,
NOTING that Rule 73 (B) of the Rules provides:
Decisions on all motions are without interlocutory appeal save with certification by the Trial Chamber, which may grant such certification if the decision involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.
CONSIDERING that the issue of assignment of counsel is an issue which affects the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings,
RECALLING that the Motion was filed on an ex parte and confidential basis,
PURSUANT TO Rule 73 of the Rules of the Tribunal,
HEREBY GRANTS the Motion and further ORDERS:
Done in English and French, the English version being authoritative.
_______________
Judge Liu Daqun
Presiding
Dated this twenty-fifth day of July 2003,
At The Hague
The Netherlands
[Seal of the Tribunal]
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