IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Order of:
30 October 2003
PROSECUTOR
v.
SEFER HALILOVIC
_________________________________________________
ORDER ON REQUEST FOR WITHDRAWAL FROM THE CASE
_________________________________________________
The Office of the Prosecutor
Mr. Ekkehard Withopf
Ms. Maria Tuma
Counsel for the Accused
Mr. Ahmet Hodzic
Mr. Guénaël Mettraux
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 "Request for Withdrawal from the Case" filed by the lead defence counsel of Sefer Halilovic ("Accused") on 6 October 2003 ("Motion"), regarding the withdrawal of the lead defence counsel from the case,
NOTING the "Prosecution’s Response to Defence Request For Withdrawal from the Case" filed by the Office of the Prosecutor ("Prosecution") on 17 October 2003 ("Response"), requesting the Trial Chamber to direct the Registrar of the International Tribunal ("Registrar") to deny the withdrawal request of the lead defence counsel or, in the alternative, to dismiss the Motion,
NOTING the "Response to Prosecution’s "Response" Qua Withdrawal of Counsel" filed by the co-defence counsel of the Accused on 22 October 2003, stating that the Prosecution had no standing to respond and even if the Prosecution had standing, the Trial Chamber is not is a position to grant the Prosecution the relief sought since it is for the Registrar to decide upon matters concerning the withdrawal of counsel,
CONSIDERING that, although the Trial Chamber has the power to regulate proceedings in order to ensure a fair and expeditious trial under Article 20 of the Statute of the International Tribunal, Article 19(A) of the Directive on Assignment of Defence Counsel empowers the Registrar to withdraw the assignment of counsel,
PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal,
HEREBY REFERS the MOTION to the Registrar.
Done in English and French, the English text being authoritative.
___________
O-Gon Kwon
Pre-Trial Judge
Dated this thirtieth-day of October 2003
At The Hague
The Netherlands
[Seal of the Tribunal]