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: 23 June 1997
PROSECUTOR
v.
ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"
_________________________________________________________________
ORDER ON THE PROSECUTION’S REQUEST FOR A FORMAL
FINDING OF THE TRIAL CHAMBER THAT THE ACCUSED LANDZO
IS FIT TO STAND TRIAL
_________________________________________________________________
The Office of the Prosecutor
Mr. Eric Ostberg Mr. Guiliano Turone
Ms. Teresa McHenry Ms. Elles van Duschotten
Counsel for the Accused
Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene O’Sullivan, for Zejnil Delalic
Mr. Zeljko Olujic, Mr. Michael Greaves, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Mr. John Ackerman, Ms. Cynthia McMurrey, for Esad Landzo
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");
BEING SEISED of a motion filed by the Office of the Prosecutor ("Prosecution") on 16 April 1997 seeking a formal finding of the Trial Chamber that the accused Esad Land‘o (the "accused") is fit to stand trial (official record at Registry page ("RP") D 3307 - D 3309);
CONSIDERING the reports of the three mental health experts, namely, Professors Marco Lagazzi, Slobadan Loga and A.M.H. van Leeuwen, who examined the accused on the question of his fitness to stand trial, which were filed with the Registry on 11 December 1996 (RPs D 2098 - D 2138, D 2162 - D 2166 and D 2149 - D 2156 respectively);
CONSIDERING that Mr. John Ackerman, lead counsel for the accused, stated, while speaking to the motion during oral argument, that the Defence has not asserted that the accused is unfit to stand trial;
CONSIDERING that there is nothing in the behaviour of the accused during proceedings that would lead the Trial Chamber to infer that the accused is unfit to stand trial;
FOR THE FOREGOING REASONS, PURSUANT TO RULE 54,
FIND that the accused is fit to stand trial.
Done in both English and French, the English text being authoritative.
__________________________
Adolphus Godwin Karibi-Whyte
Presiding Judge
Dated this twenty-third day of June 1997
At The Hague
The Netherlands.
[Seal of the Tribunal]