IN THE APPEALS CHAMBER

Before:
Judge David Hunt, Presiding
Judge Fouad Riad
Judge Wang Tieya
Judge Rafael Nieto-Navia
Judge Mohamed Bennouna

Registrar:
Mrs Dorothee de Sampayo Garrido-Nijgh

Order of:
25 January 2000

PROSECUTOR

v

Zejnil DELALIC, Zdravko MUCIC (aka "PAVO"), Hazim DELIC
and Esad LANDZO (aka "ZENGA")

___________________________________________________________

ORDER ON EMERGENCY MOTION OF THE APPELLANT, ESAD LANDZO, TO BE PREMITTED TO VIEW EXTRACTS OF VIDEOTAPES SELECTED BY THE PROSECUTION

___________________________________________________________

Office of the Prosecutor:

Mr Upawansa Yapa
Mr Christopher Staker
Mr Norman Farrell
Mr Rodney Dixon

Counsel for the Defence

Mr John Ackerman for Zejnil Delalic
Mr Tomislav Kuzmanovic and Mr Howard Morrison for Zdravko Mucic
Mr Salih Karabdic and Mr Tom Moran for Hazim Delic
Ms Cynthia Sinatra and Mr Peter Murphy for Esad Landžo

 

THE APPEALS 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 the “Emergency Motion of Appellant, Esad Landžo, to be Permitted to View Particulars of Videotapes Selected by Prosecution During Week Beginning 24 January, 2000" filed on 24 January, 2000 ("Motion");

NOTING the “Defendant Esad Landžo’s Notice of Appeal”, filed on 1 December 1998, wherein he sets out his grounds of appeal, which include, inter alia, that his right to a fair and expeditious trial pursuant to Articles 20 and 21 of the Statute of the International Tribunal "were violated when verdict and sentence were rendered by a Trial Chamber whose presiding Judge was permitted to sleep through much of the proceedings" ("Fourth Ground of Appeal");

NOTING the "Order on the Second Motion to Preserve and Provide Evidence" issued on 15 June 1999 ("Order of 15 June") in which the Appeals Chamber ordered, inter alia, that viewing of videotapes of proceedings produced by Camera 3 in Courtroom I and Camera 3 in Courtroom III ("Trial Videotapes") during the trial of the Appellant be permitted subject to a number of conditions;

NOTING the “Supplemental Brief of Appellant, Esad Landžo, in Support of Fourth Ground of Appeal (the Sleeping Judge)", filed on 7 December 1999 ("Supplementary Brief");

NOTING the "Prosecution’s Particulars" filed on 22 December 1999 ("Particulars"), in which the Office of the Prosecutor ("Prosecution") submitted the particulars of the videotape extracts on which it will rely in its Response to the Supplementary Brief;

NOTING the "Scheduling Order" issued on 17 November 1999 which provides for the Appellant to file a Reply to the Prosecution’s Response to the Supplementary Brief, and the "Scheduling Order" issued on 14 December 1999 which extends the filing date for the Appellant’s Reply to 14 February 2000;

CONSIDERING that it is necessary for counsel and the assigned Investigator for the Appellant to be able to view the extracts of the videotapes which the Prosecution identifies in the Particulars as soon as possible in order to prepare the Reply for the Appellant,

ORDERS that the Registry make facilities available for counsel for the Appellant to view the extracts of the Trial Videotapes identified in the Prosecution’s Particulars, under the same conditions as those identified in orders 3, 4 and 5 of the Order of 15 June, and for the assigned Investigator for the Appellant to view the extracts of the Trial Videotapes identified in the Prosecution’s Particulars which do not relate to proceedings in closed session, under the same conditions identified in orders 3, 4 and 5 of the Order of 15 June.

 

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

______________________
David Hunt
Pre-Appeal Judge

Done this 25th day of January 2000
At The Hague,
The Netherlands.

[Seal of the Tribunal]