Case No. IT-95-14-R77.4

Prosecutor v. Marijan Krizic

DECISION

THE DEPUTY REGISTRAR,

NOTING the Statute of the Tribunal ("Statute") as adopted by the Security Council under Resolution 827 (1993), and in particular Article 21 thereof;

NOTING the Rules of Procedure and Evidence ("Rules") as adopted by the Tribunal on 11 February 1994, as subsequently amended, and in particular Rules 44, 45 and 62(B) thereof;

NOTING the Directive on Assignment of Defence Counsel as adopted by the Tribunal on 28 July 1994, as subsequently amended and in particular Articles 14(B) and 16(F) thereof;

NOTING the Code of Professional Conduct for Counsel Appearing Before the International Tribunal (IT/125 REV.1) ("Code of Conduct") and in particular Article 9(D) thereof;

NOTING the indictment against Mr Marijan Krizic ("Accused") filed on 29 August 2005 and confirmed by Judge Alphons Orie on 9 September 2005, charging the Accused with contempt of the Tribunal pursuant to Rule 77(A)(ii) of the Rules;

CONSIDERING that the Accused’s initial appearance was held on 26 September 2005;

CONSIDERING that the Accused retained Mr Emil Havkic, attorney-at law from Zagreb, as his counsel and filed a power of attorney with the Registry on the date of his initial appearance;

CONSIDERING that Mr Havkic was not present in The Hague on the date of the Accused’s initial appearance and as such, acting pursuant to Rule 62(B) of the Rules, the Registry assigned Ms Mira Tapuskovic as duty counsel to the Accused for the purpose of representing the Accused at his initial appearance and in such other matters as necessary;

CONSIDERING that the Registry is satisfied that Mr Havkic fulfills the qualification requirements for admission as counsel pursuant to Rule 44 of the Rules;

NOTING Mr Havkic’s obligations under the Statute, the Rules (in particular Rule 44(C)) and the Code of Professional Conduct for Defence Counsel Appearing before the International Tribunal;

HEREBY DECIDES pursuant to Rule 44 of the Rules, to admit Mr Havkic to represent the Accused before the International Tribunal, in case no. IT-95-14-R77.4;

DECIDES that the assignment of Ms Tapuskovic as duty counsel ceases as of the date of this decision;

DIRECTS Ms Tapuskovic, in accordance with her duty under Article 9(D) of the Code of Conduct, to hand over to Mr Havkic any case-related materials she received during her assignment as duty counsel.

John Hocking
Deputy Registrar

Dated this thirtieth day of September 2005
At The Hague
The Netherlands