IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision of:
3 September 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

ORDER ON THE MODALITIES TO BE FOLLOWED BY COURT ASSIGNED COUNSEL

__________________________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Ms. Hildegard Uertz-Retzlaff
Mr. Dermot Groome

The Accused

Mr. Slobodan Milosevic

Court Assigned Counsel

Mr. Steven Kay, QC
Ms. Gillian Higgins

Amicus Curiae

Prof. Timothy L.H. 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 ("the International Tribunal"),

HAVING ORDERED ORALLY on 2 September 2004, that counsel will be assigned to the Accused and that the Registrar should endeavour in the first instance to secure the appointment of Mr. Steven Kay and Ms. Gillian Higgins as the court assigned counsel for the Accused in these proceedings,

NOTING the assignment by the Registrar of Mr. Steven Kay and Ms. Gillian Higgins as court assigned counsel for the Accused in these proceedings on 3 September 2004,

CONSIDERING that it is necessary for the Trial Chamber to set out the modalities by which court assigned counsel are to act,

PURSUANT TO Articles 20 and 21 of the Statute and Rule 54 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY ORDERS AS FOLLOWS:

1. It is the duty of court assigned counsel to determine how to present the case for the Accused, and in particular it is their duty to:

1. represent the Accused by preparing and examining those witnesses court assigned counsel deem it appropriate to call;
2. make all submissions on fact and law that they deem it appropriate to make;
3. seek from the Trial Chamber such orders as they consider necessary to enable them to present the Accused’s case properly, including the issuance of subpoenas;
4. discuss with the Accused the conduct of the case, endeavour to obtain his instructions thereon and take account of views expressed by the Accused, while retaining the right to determine what course to follow; and
5. act throughout in the best interests of the Accused;

2. The Accused may, with the leave of the Trial Chamber, continue to participate actively in the conduct of his case, including, where appropriate, examining witnesses, following examination by court assigned counsel;
3. The Accused has the right, at any time, to make a reasonable request to the Trial Chamber to consider allowing him to appoint counsel; and
4. Court assigned counsel is authorised to seek from the Trial Chamber such further orders as they deem necessary to enable them to conduct the case for the Accused.

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

_____________________
Judge Robinson
Presiding

Dated this third day of September 2004
At The Hague

The Netherlands

[Seal of the Tribunal]