order on the request by the accused, Esad Landzo, for withdrawal of lead counsel

IN THE TRIAL CHAMBER

Before: Judge Adolphus G. Karibi-Whyte, Presiding

Judge Elizabeth Odio Benito

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 21 April 1997

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"

_____________________________________________________________

ORDER ON THE REQUEST BY THE ACCUSED, ESAD LANDZO, FOR WITHDRAWAL OF LEAD COUNSEL

_____________________________________________________________

The Office of the Prosecutor

Mr. Eric Ostberg                                     Mr. Guiliano Turone

Ms. Teresa McHenry                                 Ms. Elles van Duschotten

Counsel for the Accused

Mr. Mustafa Brackovic                              Ms. Cynthia McMurrey

THIS TRIAL 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 written request (the "Request") of Esad Landzo ("the accused") for the withdrawal of the lead counsel for his defence, Mr. Mustafa Brackovic, dated 9 April 1997 on the grounds of conflicts of interest;

CONSIDERING that the accused has a right, guaranteed by Article 21(4)(d) of the Statute of the International Tribunal, to defend himself in person or through legal assistance of his choosing;

CONSIDERING, that it is a generally recognised principle of law treat the above right is not without qualification in situations where an accused person is indigent and unable to fund his legal representation;

CONSIDERING that the defence of the accused is funded by the International Tribunal and that the accused, cannot, therefore, withdraw lead counsel without showing good cause:

CONSIDERING that a genuine conflict of interest will constitute such good cause;

CONSIDERING HOWEVER that the events cited by the accused in the Request do not support a conclusion that there is a conflict of interest between the accused and Mr. Brackovic;

CONSIDERING FURTHER that the Trial Chamber has a duty under Article 20(1) of the Statute of the International Tribunal to ensure that trials are fair and expeditious;

CONSIDERING FURTHER that the Trial Chamber has not found any deriliction of duty as counsel on the part of Mr. Brackovic;

CONSIDERING FURTHER that the Trial Chamber has not found any substance in the assertion of the accused that his choice of Mr Brackovic as counsel was not made by his own free will;

CONSIDERING FURTHER that the Trial Chamber will be failing in its said duty if it grants the request for the reasons cited;

FOR THESE REASONS AND TAKING INTO ACCOUNT the provisions of Article 21 of the Statute of the International Tribunal, Rule 45 of the Rules of Procedure and Evidence and Article 20(A) of the Directive on Assignment of Defence Counsel,

THE TRIAL CHAMBER PURSUANT TO RULE 54 HEREBY DENIES the Request

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

__________________________

Adolphus Godwin Karibi-Whyte

Presiding Judge.

Dated this twenty-first day of April 1997

At The Hague

The Netherlands.

[Seal of the Tribunal]