Proprio motu

Notion(s) Filing Case
Decision on Request to Stay Proceedings - 27.06.2014 PRLIĆ et al.

16. The Appeals Chamber considers that the delays that would inevitably result from allowing Praljak to represent himself will negatively affect the right of Praljak, as well as that of his Co-Appellants (all of whom are represented by counsel) to fair and expeditious proceedings. As a trial chamber of the Special Court for Sierra Leone has held, ensuring adequate legal representation of each defendant is of particular importance in the context of a multi-accused case.[1] The Appeals Chamber notes that this consideration is relevant to the case at hand.[2] Praljak himself has stated on several occasions that his interests would be better served through assistance of counsel, in particular during appeal proceedings.[3] The Appeals Chamber is therefore satisfied, given the specific circumstances of this case, that Praljak should not be allowed to represent himself in these proceedings and considers proprio motu that the assignment of counsel to Praljak would be in the interests of justice pursuant to Rule 45ter of the Rules. Accordingly, the Appeals Chamber finds that there is no reason to stay proceedings as requested by Praljak.

[1] See Prosecutor v. Sam Hinga Norman et al., Case No. SCSL-04-14-T, Decision on the Application of Samuel Hinga Norman for Self Representation Under Article 17(4)(d) of the Statute of the Special Court, 8 June 2004, paras 13-14, 26 (evaluating a request for self-representation in a multi-accused case and taking into account the “complexities of the judicial process and the gravity of the alleged crimes”, as well as the “disruption to the Court's timetable and calendar”).

[2] Cf. Prosecutor v. Rasim Delić, Case No. IT-04-83-A, Decision on the Outcome of the Proceedings, 29 June 2010, para.7

[3] [Prosecutor v. Prlić et al., Case No. IT-04-74-A, Slobodan Praljak's Motion for Assignment of Counsel in the Interest of Justice, 4 October 2013 (public with public and confidential annexes)], paras 16-19. 

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ICTR Rule Rule 45quater ICTY Rule Rule 45ter