Judge Claude Jorda, Presiding
Judge Elizabeth Odio Benito
Judge Fouad Riad

Mr. Dominique Marro, Deputy Registrar

Order of:
5 JULY 1996







The Office of the Prosecutor:

Mr. Eric Ostberg
Mr. Mark Harmon


TRIAL CHAMBER I of the International Criminal Tribunal for the former Yugoslavia,

PURSUANT to Article 21 of the Statute and Rule 61 of the Rules of Procedure and Evidence (Rules),

CONSIDERING the application filed with the Registry by Mr. Medvene and Mr. Hanley III, appointed on 1 July by the accused Radovan Karadzic as "President of the Republika Srpska" to represent him before the International Criminal Tribunal,

HAVING HEARD the comments of Mr. Medvene and Mr. Hanley III at the hearing today,

HAVING HEARD the Prosecutor at the hearing,

CONSIDERING that Mr. Medvene and Mr. Hanley III are requesting that they be present in the courtroom and that they have access to all the documents submitted to the Judges of this Trial Chamber by the Prosecutor as part of these proceedings,

CONSIDERING that the access to the relevant documents and case-files which the Prosecutor submits during the Rule 61 proceedings could only be admitted as part of a trial following an initial appearance of the accused in person, pursuant to Rule 66 of the Rules; that the accused will at that time enjoy the other rights guaranteed to him by the provisions of Article 21 of the Statute;

CONSIDERING that the Rule 61 proceedings could not be interpreted as a trial;

CONSIDERING that these proceedings fully guarantee the rights of the accused; that the accused has, in fact, been notified of the indictments prior to these proceedings and that, in addition, he has the right to appear, accompanied by his counsel, before the Tribunal; that if such is the case, the nature of the proceedings change and become inter partes, accompanied with all the guarantees inherent in an equitable trial;

CONSIDERING, however, that the request, as supplemented at the hearing by Mr. Medvene and Mr. Hanley, to attend the proceedings pursuant to Rule 61 in the physical absence of the accused may therefore be interpreted in this case as verifying the conditions under which the indictment was served on their client since the conditions cannot in and of themselves lead to the issuance of an international warrant of arrest as provided by this Rule;

CONSIDERING that the confirming Judges in their public orders of 18 June 1996 considered that all the reasonable steps in respect of information for the accused Radovan Karadzic have been taken in accordance with Rule 61 (A) of the Rules as demonstrated by the Prosecutor;

CONSIDERING, furthermore, that on 27 June, the Trial Chamber gave leave for the two indictments against Radovan Karadzic to be read in public in the presence of Mr. Igor Pantelic who had been appointed by the accused;

THAT the presence of Mr. Igor Pantelic on 27 June more than sufficiently demonstrates that Radovan Karadzic had been properly informed of the charges against him;

THAT it therefore appears that the fact that Radovan Karadzic had received all the information could not be challenged in any manner whatsoever;

CONSIDERING, however, that the Trial Chamber, in its wish to permit the designated Counsels to inform their client of the conduct of the public hearings, specifically as regards the conditions under which the indictments and warrants and related warrants of arrest were served, considers that they must be granted the status of observer;


TAKES NOTE of the application filed by Mr. Medvene and Mr. Hanley III on behalf of Radovan Karadzic;

REJECTS the request of Mr. Medvene and Mr. Hanley III to be present continuously in the courtroom during the Rule 61 proceedings and to have free access to the documents and case-files which the Prosecutor submits;

STATES that Mr. Medvene and Mr. Hanley II shall then be escorted to the public gallery where a seat will be reserved for them as observers throughout the proceedings.


Done in French and English with the French version being authoritative.

Claude Jorda
Presiding Judge of Trial Chamber I

Dated this fifth day of July 1996
At The Hague
The Netherlands