The Trial Chamber says Karadzic’s application for certification to appeal decision on appointment of counsel is ‘premature’. The judges note that "the Chamber has not yet assigned counsel to the accused"; the Registry has simply appointed a counsel who ‘might be assigned’ to Karadzic if he continues to be "obstructive"


The Trial Chamber today denied Radovan Karadzic’s application for certification to appeal decision on appointment of counsel and order on further trial proceedings stipulating that Karadzic’s trial was to resume on 1 March 2010.

In its decision, the Trial Chamber states that counsel was appointed to Karadzic because the accused ‘substantially and persistently obstructed the proper and expeditious conduct of the trial by refusing to attend hearings’ because he was not yet ready to defend himself, as he claimed. This is why the Trial Chamber was forced to order the ICTY Registrar to appoint counsel to Karadzic. The counsel was given three and a half months to get acquainted with the case and prepare to represent the interests of the accused when the trial resumes if necessary. This allows Karadzic to continue to represent himself. Appointed counsel Richard Harvey will take over Karadzic’s defense only if the accused continues to obstruct the proper and expeditious conduct of the proceedings after 1 March 2010.

The Trial Chamber deemed Karadzic’s motion ‘premature’, since no counsel has been assigned to him as yet. A counsel was appointed who ‘might be assigned’ if Karadzic continues to be "obstructive". As the trial is scheduled to continue on 1 March 2010, Karadzic’s intentions will remain unknown until then. The judges concluded that to grant leave to appeal now and then potentially again in three months’ time may hinder the process instead of materially advancing it.

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