PRESIDENT OF THE INTERNATIONAL TRIBUNAL
Before: President Gabrielle Kirk McDonald
Registrar: Dorothee de Sampayo Garrido-Nijgh
Order of: 8 February 1999
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as ZENGA
ORDER ON APPELLANT ZEJNIL DELALICS MOTION FOR APPOINTMENT OF CO-COUNSEL
The Office of the Prosecutor:
Mr. Yapa Upawansa
Counsel for the Accused:
Mr. John Ackerman
I, Gabrielle Kirk McDonald, President 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 Appellant Zejnil Delalics Motion for Appointment of Co-Counsel on the Delalic Appeal pursuant to Article 13(A) of the Directive on Assignment of Defence Counsel (Directive No. 1/94) (IT/73/REV.6) (Directive), filed on 12 January 1999, which requests the President to issue an order instructing the Registrar to assign as co-counsel, Mr. Eugene OSullivan, to the Appellants appeal under the same terms and conditions as co-counsel was assigned during his trial at the normal and usual hourly rate and hourly limitation, including daily allowance calculated on the basis of fixed rates as established by the United Nations Schedule of Daily Subsistence Allowance Rates ("DSA") applied to the number of days of work. Additionally, Appellant requests co-counsels travel allowances where appropriate (Official Record at Registry Page ("RP") A78-97) ("Motion"),
NOTING the grounds asserted by Appellant in support of the Motion,
NOTING the position of the Registrar that the Appellants request does not constitute exceptional circumstances as required under Article 16(C) of the Directive as stated in the letter from Jean-Jacques Heintz, Deputy Registrar to Mr. John Ackerman, dated 8 January 1999) ("Letter"),
NOTING that upon expiration of the prescribed ninety day period under Rule 111 of the Rules of Procedure and Evidence ("Rules"), the Registrar may, upon request, re-consider Appellants request for co-counsel (Motion RP A86),
CONSIDERING that the Registrar has offered to remunerate the Defence team of the Appellant for a combined total of 461 hours per month: Mr. John Ackerman as counsel, Mr. Eugene OSullivan as legal assistant, and Ms. Edina Residovic, trial counsel for Appellant, as consultant, during the ninety day period under Rule 111 of the Rules (Motion RP A79, 86) (Letter),
CONSIDERING that Mr. Eugene OSullivan was present and active throughout the entire Delalic trial and is familiar with the record of those proceedings and the documents filed in connection with that trial (Motion RP A89),
CONSIDERING that the Registrar has, in response to my inquiry, stated that Mr. OSullivan may have access to the Defence Counsel areas within the seat of the International Tribunal, including access to computers and documents associated with the Delalic case,
CONSIDERING that the Registrar has agreed that pursuant to Articles 23 and 30 of the Directive, DSA and travel allowances necessarily and reasonably incurred by Mr. Ackerman, Mr. OSullivan and Ms. Residovic will be reimbursed by the Tribunal (Motion RP 86),
CONSIDERING that pursuant to Article 13(A) of the Directive the President may either confirm the Registrars decision or decide that a co-counsel should be assigned,
FINDING that counsel for the Appellant has failed to demonstrate exceptional circumstances for the appointment of co-counsel as required by Article 16(C) of the Directive,
HEREBY CONFIRM the decision of the Registrar and DENY Appellants Motion for appointment of co-counsel.
Done in both English and in French, the English text being authoritative.
Gabrielle Kirk McDonald
Dated this eighth day of February 1999.
At The Hague,
[Seal of the Tribunal]