Case: IT-98-30/1-A

IN THE APPEALS CHAMBER

Before: Pre-Appeal Judge, Judge David Hunt

Registrar: Mr Hans Holthuis

Decision of: 15 October 2002

PROSECUTOR
v
Miroslav KVOCKA
Mladjo RADIC
Zoran ZIGIC
Dragoljub PRCAC

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DECISION ON ZORAN ZIGICíS REQUEST TO VERIFY ACCURACY OF TRANSLATION

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Counsel for the Prosecutor:

Ms Susan L Somers

Defendant:

Zoran Zigic (un-represented)

 

I, Judge David Hunt, Pre-Appeal Judge,

NOTING that, on 8 July 2002, the Registry withdrew the assignment of Mr Slobodan Stojanovic ("Stojanovic"), lead counsel for Zoran Zigic ("Zigic") upon evidence that he had split his fees with his client;

CONSIDERING that Zigic is now without legal representation and that he must therefore prepare his appeal by himself;

NOTING Zigicís "Request for Providing All Material Translated in BCS", dated 25 September 2002 but filed on 1 October 2002 ("Zigicís Request"), whereby Zigic requested to receive "all material translated in BCS, submitted to the ICTY and all decisions rendered by ICTY since 08.07.2002 until now";

NOTING the "Decision on Zoran Zigicís Motion for Translation of Documents Pertaining to his Appeal", rendered on 3 October 2002 ("Decision"), whereby the Pre-Appeal Judge granted Zigicís Request, ordering that the Registry provide the him as soon as possible with a number of documents relevant to his appeal in BCS and further directing the Registry to provide Zigic, from the date of this Decision and for as long as Zigic remains un-represented, with BCS translations of all documents filed by the prosecution or co-accused relating to the appeal of this appellant, as well as all orders, decisions and letters filed by the Appeals Chamber which concern the appellant;

NOTING that the Decision clearly stated that it is essential for an appellant who is not represented, as in the present case, to receive in a language which he understands, all the documents directly relating to his appeal;

BEING SEISED of Zigicís "Request to Verify Accuracy of Translation", filed on 14 October 2002 ("Request for verification of translation"), whereby Zigic claims that he "is entitled to have the accuracy of the English translation of the appeal verified" and requests that he be sent the English version of appeal material before it is provided to the Appeals Chamber "so that he may verify the accuracy of the translation";

CONSIDERING that Zigic elected to proceed with his appeal with documents in the BCS language and that he was granted leave to receive all relevant material in BCS only because he claimed not to be able to read or understand English;

CONSIDERING that if, as the present Request for verification of translation suggests, Zigic is able to understand English so far as being capable to check the accuracy of a translation to or from BCS, Zigic would not have a right to receive all relevant documents in BCS as originally ordered;

HEREBY ORDER deny Zigicís Request for verification of translation.

NOTING FURTHER that, if Zigic wants to pursue the matter any further, the Pre-Appeal Judge will be obliged to re-consider his Decision of 3 October 2002;

 

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

Dated this 15th day of October 2002,
At The Hague,
The Netherlands.

______________________
David Hunt
Pre-Appeal Judge

[Seal of the Tribunal]