IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 10 March 1998

PROSECUTOR

v.

ZORAN KUPRESKIC, MIRJAN KUPRESKIC, VLATKO KUPRESKIC,
VLADIMIR SANTIC also known as "VLADO", DRAGO JOSIPOVIC, DRAGAN PAPIC

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DECISION ON DEFENCE REQUESTS FOR ASSIGNMENT OF COUNSEL

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The Office of the Prosecutor:

Mr. Mark Harmon
Mr. Terree Bowers
Mr. Michael Blaxill

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Slokovic Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina and Mr Zelimir Par, for Vlatko Kupreskic
Mr. Petar Pavkovic, for Vladimir Santic
Mr. Luko Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic

 

THE TRIAL CHAMBER,

NOTING the various requests filed on 10 and 17 February 1998 by each of the accused, save Mirjan Kupreskic, requesting the assignment to them of defence counsel who do not speak one of the two working languages of the International Tribunal, pursuant to Rule 45 (B) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

NOTING that the Office of the Prosecutor ("Prosecution") has filed no response to or comment on such requests,

NOTING that the defence counsel whom the accused seek to have assigned to them all speak the language of the accused,

NOTING also that all oral proceedings and documents forming part of the record of the trial are, in any event, interpreted or translated into the language of the accused,

CONSIDERING that Rule 45 (B) of the Rules permits a Judge or Trial Chamber to authorise the Registrar, in particular circumstances, to assign counsel who does not speak either of the two working languages of the International Tribunal but who does speak the language of the accused,

CONSIDERING that it would be in the interests of justice in these particular circumstances for the accused to be represented by counsel of their choice, subject to certain conditions as set forth below,

PURSUANT to Rule 45 (D) of the Rules

HEREBY AUTHORISES the Registrar to assign to each of the accused counsel of their choice, even if that counsel does not speak either of the two working languages of the International Tribunal, PROVIDED HOWEVER that should the accused later seek the assignment of co-counsel, such co-counsel must speak one of the working languages of the International Tribunal.

 

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

_________________________

Antonio Cassese

Presiding Judge

Dated this tenth day of March 1998

At The Hague

The Netherlands

[Seal of the Tribunal]