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Mladic Decision on Request for Right of Audience - 03.06.2021 MLADIĆ Ratko

Pages 3, 4

RECALLING that assigned counsel are responsible for all aspects of defence in a given case before the Mechanism;[1]

RECALLING, however, that the Appeals Chamber may exercise its discretion to allow persons other than counsel and co-counsel to make representations before it;[2]

RECALLING that Ms. [Peta-Louise] Bagott was granted the right of audience for the Appeal Hearing and, appearing with the co‑counsel, made oral submissions on behalf of Mr. Mladić;[3]

CONSIDERING that […] Mr. Mladić consents to having Ms. Bagott represent him at the Pronouncement of Judgement, and that the Prosecution does not oppose this request;

RECALLING that, during the Pronouncement of Judgement, a Judge of the Appeals Chamber will read a summary of the written judgement and publicly pronounce the verdict, with no action required from the parties or counsel;[4]


FINDING that, in these circumstances, it is appropriate to exceptionally grant Ms. Bagott the right of audience before the Appeals Chamber at the Pronouncement of Judgement […];


HEREBY EXCEPTIONALLY EXTENDS Legal Consultant Ms. Bagott the right of audience to appear in court and act without either Lead Counsel Mr. [Branko] Lukić or Co-Counsel Mr. [Dragan] Ivetić being present in the courtroom for the Pronouncement of Judgement;

[1] See Directive on the Assignment of Defence Counsel, MICT/5, 14 November 2012, Article 16(B); Prosecutor v. Radovan Karadžić, Case No. MICT-13-55-A, Decision on Karadžić’s Request to Participate in the Appeal Hearing, 27 February 2018 (“Karadžić Decision of 27 February 2018”), p. 2. 

[2] See Karadžić Decision of 27 February 2018, p. 2, n. 11 and references cited therein.

[3] See [Prosecutor v. Ratko Mladić, Case No. MICT-13-56-A], T. 25 August 2020 pp. 4, 5, 14-24, 27-40, 60-64; T. 26 August 2020 pp. 2, 43, 44, 59-73, 86-97.

[4] [Prosecutor v. Ratko Mladić, Case No. MICT-13-56-A, Decision on Defence Urgent Motion to Postpone Pronouncement of Judgement, 28 May 2021], p. 3. See also Rule 144(D) of the Rules of Procedure and Evidence of the Mechanism.

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IRMCT Rule Rules 144(D)