Case No. IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision:
17 December 2004
PROSECUTOR
v.
SLOBODAN MILOSEVIC
______________________________________
DECISION ON ASSIGNED COUNSEL REQUEST FOR CERTIFICATION OF AN INTERLOCUTORY APPEAL AGAINST THE DECISION ON ASSIGNED COUNSEL MOTION FOR WITHDRAWAL
Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused:
Mr. Slobodan Milosevic
Court Assigned Counsel:
Mr. Steven Kay, QC
Ms. Gillian Higgins
Amicus Curiae:
Prof. Timothy McCormack
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 the "Request for a Certificate Pursuant to Rule 73(B) to Appeal Against the Trial Chamber’s Decision on Assigned Counsel’s Motion for Withdrawal Dated 7 December 2004", filed 14 December 2004 ("Motion"), requesting the Trial Chamber to grant a certificate pursuant to Rule 73(B) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") to enable Assigned Counsel to file an interlocutory appeal against the Trial Chamber’s "Decision on Assigned Counsel’s Motion for Withdrawal", issued 7 December 2004,
CONSIDERING that the Trial Chamber, in its "Decision on Assigned Counsel’s Motion for Withdrawal", issued 7 December 2004, determined that the "Assigned Counsel’s Motion for Withdrawal with Annex A", filed 8 November 2004 ("Motion to Withdraw"), should be denied and instructed the Registrar, pursuant to his powers under Article 19 of the Directive on Assignment of Counsel ("Directive"),1 to deny the Motion to Withdraw,
CONSIDERING that the Registry, in its "Decision", issued 14 December 2004, stated that it was not satisfied that it was in the interest of justice to withdraw Assigned Counsel pursuant to Article 19(A) of the Directive and decided to deny the Motion for Withdrawal,
CONSIDERING that the Trial Chamber did not issue the decision denying the motion for withdrawal and that therefore there is no basis for an application for certification within the terms of Rule 73(B) of the Rules,
PURSUANT to Rule 54 of the Rules,
HEREBY DISMISSES the Motion.
Done in both English and French, the English text being authoritative.
_____________
Judge Robinson
Presiding
Dated this seventeenth day of December 2004
At The Hague
The Netherlands
[Seal of the Tribunal]
1. Directive No. 1/94; IT/73/REV. 10.