Case No. IT-98-30/1-A

IN THE APPEALS CHAMBER

Before:
Judge Mohamed Shahabuddeen, Presiding
Judge Fausto Pocar
Judge Florence Mumba
Judge Mehmet Güney
Judge Inés Mónica Weinberg de Roca

Registrar:
Mr. Hans Holthuis

Decision of:
9 June 2004

PROSECUTOR

v.

Miroslav KVOCKA, Mladjo RADIC, Zoran ZIGIC and Dragoljub PRCAC

__________________________________

DECISION ON ZIGICíS APPLICATION TO FILE A REJOINDER

__________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Appellants:

Mr. Krstan Simic for Miroslav Kvocka
Mr. Toma Fila for Mlado Radic
Mr. Slobodan Stojanovic for Zoran Zigic
Mr. Jovan Simic for Dragoljub Prcac

 

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"),

NOTING the "Decision" rendered in this case on 22 March 2004 ("Decision of 22 March 2004"), in which the Appeals Chamber dismissed the "Request to Appeals Chamber for Legal Assistance in Appeals Procedure" filed confidentially on 26 February 2004 by the Appellant éigić personally ("Request of 26 February 2004") and the "Supplement to the Request to Appeals Chamber for Legal Assistance in Appeals Procedure from 25 February 2004" filed confidentially by the Appellant Zigic personally on 12 March 2004;

BEING SEISED OF the "Application to the Appeals Chamber to file a rejoinder to the Prosecutionís Response to my 'Request to Appeals Chamber for Legal Assistance in Appeals Procedure' of 25 February 2004, and Supplement to the Request filed on 12 March 2004" ("Request") filed by the Appellant éigić personally on 6 May 2004 ("Appellant"), in which the Appellant requests the Appeals Chamber to arrange for him to receive the Prosecutorís response to his Request of 26 February 2004 and asks for leave to file a rejoinder to the Prosecutionís response;

NOTING the "Prosecutionís Response to 'Application to the Appeals Chamber to file a rejoinder to the Prosecutionís Response to my 'Request to Appeals Chamber for Legal Assistance in Appeals Procedure' of 25 February 2004, and Supplement to the Request filed on 12 March 2004í" filed on 14 May 2004 ("Prosecutorís Response of 14 May 2004"), in which the Prosecutor opposes the filing of a rejoinder because the Appellant was represented by counsel and it must be assumed that counsel was acting on his behalf and on his instructions and because the Decision of 22 March 2004 resolved the matter after having considered detailed submissions by both sides;

NOTING that the Appellant did not file a reply to the Prosecutorís Response of 14 May 2004;

CONSIDERING that counsel for the Appellant did file "Zoran Zigicís Reply to Prosecutionís Reply to Request to Appeals Chamber for Legal Assistance in Appeals Procedure and Supplement to the Request to Appeals Chamber for Legal Assistance in Appeals Procedure" (sic) on 19 March 2004 and that the Decision of 22 March 2004 took into account all the pleadings of the parties before deciding to dismiss the Request of 26 February 2004;

CONSIDERING that it was understood by all interested parties that, except where otherwise indicated by the Appeals Chamber, all outstanding motions relating to the hearing of the appeals had been dealt with before the hearing took place between 23 and 26 March 2004 and that neither the Appellant himself nor his counsel objected during the hearing to the Decision of 22 March 2004 or raised any questions concerning the Request of 26 February 2004;

CONSIDERING that the Registry of the International Tribunal serves all filings relating to the appeals on counsel for the accused and not directly on the accused himself and that it is for counsel to communicate with his client;

CONSIDERING that the Appellant had instructed counsel Stojanović, who worked on a pro bono basis during the appeal, and that, by accepting counsel Stojanovic, the Appellant became bound by the services of his counsel, who did file a reply to the Request of 26 February 2004;

FOR THE FOREGOING REASONS,

HEREBY DISMISSES the Request.

 

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

______________
Mohamed Shahabuddeen
Presiding Judge

Dated this 9th of June 2004,
At The Hague,
The Netherlands.

[Seal of the Tribunal]