Case No.: IT-02-54-T
THE PRESIDENT OF THE INTERNATIONAL TRIBUNAL
Judge Fausto Pocar, President
Mr. Hans Holthuis
25 April 2006
DECISION ON REQUEST TO THE PRESIDENT TO ASSIGN A TRIAL CHAMBER
The Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Previously Assigned Counsel:
Mr. Steven Kay Q.C.
Ms. Gillian Higgins
1. Counsel previously assigned by Trial Chamber III to represent Slobodan Milosevic filed a Request before me on 13 April 2006 requesting that I assign a Trial Chamber pursuant to Rule 19 of the Rules of Procedure and Evidence ("Rules") to consider the "Assigned Counsel Motion to Lift the Confidential Status of all Pleadings and Medical Reports Relating to (i) the Assigned Counsel Request for Provisional Release, and (ii) the Litigation Arising from the Medical Treatment of Mr. Slobodan Milosevic in the United Nations Detention Unit and Confidential Annexes A and B”, filed on 17 March 2006 ("Motion").1
2. Prior to filing this Request before me, previously assigned Counsel had filed the Motion before Trial Chamber I. Trial Chamber I dismissed it on the ground that it had no jurisdiction in respect of it.2 In this Request, previously assigned Counsel advises that they "have taken the precautionary step"3of filing an appeal before the Appeals Chamber against the decision of Trial Chamber I on the Motion and they request that I liase with the Appeals Chamber to "secure a fair and speedy outcome".4
3. On 20 April 2006, the Prosecution filed a Response to the Request. In that Response, the Prosecution says that it does not oppose the Request to the President to assign a Trial Chamber to determine the Motion and considers this may be "the more efficient and expeditious course" than a determination by the Appeals Chamber, or remission by the Appeals Chamber back to Trial Chamber I for determination.
4. Despite the submission of the Prosecution, in the circumstances, I do not consider it appropriate that I assign a Trial Chamber to consider the Motion at this time. The issues of which it concerns are currently pending before the Appeals Chamber and should be resolved by that Chamber. Accordingly, the Request is stayed until after the Appeals Chamber has issued its decision.
Done in English and French, the English version being authoritative.
Done this 25th day of April 2006
At The Hague
Judge Fausto Pocar
[Seal of the International Tribunal]