Judge David Hunt, Presiding
Judge Fouad Riad
Judge Wang Tieya
Judge Rafael Nieto-Navia
Judge Mohamed Bennouna

Mrs Dorothee de Sampayo Garrido-Nijgh

Order of:
15 September 1999



Zejnil DELALIC, Zdravko MUCIC, Hazim DELIC, Esad LANDZO




The Office of the Prosecutor:

Mr Upawansa Yapa
Ms Brenda Hollis
Mr Christopher Staker
Mr Norman Farrell
Mr Rodney Dixon

Counsel for the Defence:

Mr John Ackerman, Counsel for Zejnil Delalic
Mr Tomislav Kuzmanovic and Mr Howard Morrison for Zdravko Mucic
Mr Salih Karabdic and Mr Thomas Moran for Hazim Delic
Ms Cynthia Sinatra and Mr Peter Murphy for Esad Landzo


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");

BEING SEISED of “Motion for Expedited Consideration, Appellant, Esad Landzo Requests Relief from Serious Violations of his Rights Pursuant to Articles 20 and 21 of the Statute of the International Criminal Tribunal for the Former Yugoslavia” filed on 4 August 1999 (“Motion”) in which Appellant Esad Landzo requests the Appeals Chamber to order the Registrar of the Tribunal to: (i) extend the assignment of co-counsel Professor Peter Murphy through the oral argument of the present appeal; (ii) immediately provide travel arrangements and expenses for both of his counsel to travel to The Hague to represent the Appellant; and (iii) assign an audio-visual person within the Registry to begin the compilation of relevant evidence for the appeal;

NOTING Rule 45(D) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") which provides that a request for assignment of counsel shall be made to the Registrar of the Tribunal ("Registrar");

NOTING ALSO Article 6 of the Directive on Assignment of Defence Council ("Directive") which provides, inter alia, for a request for assignment of counsel to be made to the Registrar and Article 13(A) of the Directive which provides, inter alia, that a decision denying an assignment of counsel may be reviewed by application to the President;

NOTING Article 30 and Article 33 of the Directive in relation to applications for travel expenses;

CONSIDERING the inherent power of the Appeals Chamber, deriving from its judicial function and from the provisions of Articles 20 and 21 of its Statute, to control its proceedings in such a way as to ensure that justice is done and, particularly in relation to matters of practice, that the proceedings are fair and expeditious;

CONSIDERING that it not ordinarily appropriate for a Chamber to consider motions on matters that are within the primary competence of the Registrar, particularly where no such motion has been presented to and rejected by the Registrar;

NOTING the Decision of the Registrar filed 9 August 1999 extending the assignment of Professor Murphy as co-counsel until 15 October 1999;

NOTING ALSO the further Decision of the Registrar filed 6 September 1999 extending the assignment of Professor Murphy as co-counsel after 15 October 1999 and until further notice;

NOTING that, on 5 August 1999, the Registrar approved travel expenses and Daily Subsistence Allowance for both counsel for Appellant, Esad Landzo as sought in the Application;

NOTING that, on 10 August 1999, the Registrar assigned an audio-visual professional to compile the evidence as sought in the Application;

NOTING, therefore, that the whole of the Relief sought in the Application has now been granted by the Registrar;

CONSIDERING that no particular circumstances exist in the present case making it appropriate to consider the grounds of relief requested in the Application;

PURSUANT to Rule 54 of the Rules;

HEREBY DISMISSES the Application.

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

David Hunt
Presiding Judge

Done this 15th day of September 1999,
At The Hague,
The Netherlands.

[Seal of the Tribunal]