On 28 February 2003, the Office of the Prosecution (hereinafter: Prosecution) of the International Criminal Tribunal for the former Yugoslavia (ICTY) filed a motion to appoint counsel for Vojislav Šešelj. Three months later, Trial Chamber II issued a decision appointing counsel to assist Šešelj with his defence, but he had expressed his intention to represent himself. The Trial Chamber did appoint Standby Counsel for him, due to his obstructionist behaviour during the proceedings. In January 2006, Šešelj filled a submission to revoke the decision to assign Standby Counsel. In May 2006, the Prosecution filed its second motion seeking an order to appoint defence counsel. Šešelj submitted a response to the Prosecution’s motion, but this was returned to him by the Registry without it being filed, since it did not comply with the relevant Practice Directions.

The Trial Chamber observed Vojislav Šešelj’s conduct in connection with the proceedings:  He has raised irrelevant or specious matters amounting to obstructionist behaviour; he has shown a degree of unwillingness to follow rules set by the Tribunal or its organs in almost all of his submissions; he has shown disruptive behaviour in Court and intimidated and made slanderous comments in relation to witnesses. Furthermore, the Trial Chamber expressed its concern that as a result of Šešelj’s ongoing disruptive behaviour and unwillingness to follow the rules of the Court, he is undermining his intention to present his defence. Moreover, several officials of the ICTY have cautioned Šešelj that his behaviour might lead to assignment of Counsel. The Trial Chamber also reviewed (inter)national jurisprudence on the question of an accused’s right to defend himself.

The Trial Chamber concluded that the restriction of the right of self-representation is prompted by the persistent and wilful conduct of the Accused. It ordered that Vojislav Šešelj will participate in the proceedings against him through his defence counsel only and it will consider permitting his personal involvement on a case-by-case basis if it is in the interest of justice. The Trial Chamber resolved to assign Counsel to Vojislav Šešelj effective immediately.

Vojislav Šešelj, as President of the Serbian Radical Party (SRS), was a prominent political figure in the former Yugoslavia in 1991-1995. According to the Indictment, he participated in a joint criminal enterprise which purpose was the permanent forcible removal of a majority of the Croat, Muslim and other non-Serb populations from approximately one-third of the territory of Croatia, large parts of Bosnia and Herzegovina, and from parts of Vojvodina, in the Republic of Serbia, in order to make these areas part of a new Serb-dominated state. He is charged on the basis of individual criminal responsibility with eight counts of crimes against humanity and six violations of the laws or customs of war.

Press release