ASSEMBLY, IN PLENARY MEETING, EXTENDS SERVICES OF ONE REMAINING GRATIS PERSONNEL SERVING FORMER YUGOSLAVIA TRIBUNAL UNTIL END OF AUGUST

Press Release
GA/9562

ASSEMBLY, IN PLENARY MEETING, EXTENDS SERVICES OF ONE REMAINING GRATIS PERSONNEL SERVING FORMER YUGOSLAVIA TRIBUNAL UNTIL END OF AUGUST

Group of 77, Russian Federation Stress Action Should Not Become

Precedent

The General Assembly this afternoon extended the services of one remaining individual brought in as gratis personnel in the International Criminal Tribunal for the Former Yugoslavia until the end of August. He is the leading prosecution co-counsel in the trial of Tihomir Blaskic, which is expected to conclude in August.

The Assembly took that action after considering a letter from Secretary-General Kofi Annan (document A/53/1001) to the Assembly President, dated 11 June. In it, Mr. Annan states that the trial had been delayed for reasons beyond the Secretariat's control. According to the Prosecutor, it would be impossible to replace the individual at this stage. Given his involvement since the case began in 1997, and the role he is to play in the closing stages, his departure would significantly weaken the Prosecution's case.

Speaking after action, the representative of Guyana, speaking for the "Group of 77" developing countries and China, said that the acceptance of gratis personnel had financial implications in terms of administrative support costs. While he was willing to join consensus, with the understanding that precedent would not be set by the action, he said the request should first have been considered by the Assembly's Fifth Committee (Administrative and Budgetary).

Similarly, the representative of the Russian Federation said that while he did not object to the action, the Assembly's decision should not become a precedent. In the future, the adoption of decisions on gratis personnel should be in compliance with the relevant Assembly resolutions on gratis personnel and on funding of the International Tribunal for the Former Yugoslavia.

The General Assembly requested through several resolutions that the use of all type II gratis personnel be phased out in the United Nations by 28 February 1999. Type II gratis staff are those loaned to the Organization

General Assembly Plenary - 2 - Press Release GA/9562 102nd Meeting (PM) 23 June 1999

free of charge by Member States to serve in any position except as interns, associate and technical cooperation experts, and with the United Nations Special Commission. Except for the individual in question, that deadline had been met.

According to the Secretary-General's letter, the individual's services had previously been extended, on an exceptional basis, until 30 June, by which time the trial -- which began in July 1997 -- was to have ended. However, a further extension was needed as the result of delays that pushed the estimated closing date to August.

There are several reasons for the delay, according to the Secretary-General's letter. With the Trial Chamber's approval, the Defence had exceeded the time limit for presenting its case. That in turn meant that more time was required for additional defence witnesses, and the Prosecution also would be calling witnesses in rebuttal.

The delay is also attributable to the fact that the Trial Chamber had decided to call additional witnesses, pursuant to rule 98 of the Rules of Procedure and Evidence by which Judges are allowed to call witnesses on their own volition. Further, one of the original Judges had withdrawn from the case early this year, for health reasons, and the replacing Judge had required time to become familiar with the case.

It is not unusual for criminal trials to exceed projected forecasts, Mr. Annan writes. The Prosecutor estimates that the individual, who began his service in April 1995, would remain fully committed through August, with the cross-examination of the accused, the additional witnesses, and time for preparing closing arguments and the concluding prosecution trial brief. Mr. Blaskic is charged with committing crimes against humanity in Bosnia during 1992-1994.

The Assembly will meet again at a date to be announced.

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