Case No IT-04-82-PT

Prosecutor v Ljube Boskoski

DECISION

THE DEPUTY REGISTRAR,

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

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

NOTING the Directive on Assignment of Defence Counsel as adopted by the Tribunal on 28 July 1994, as subsequently amended ("Directive"), and in particular Articles 11(B), 14 and 16(C) thereof;

NOTING the Code of Professional Conduct for Counsel Appearing Before the International Tribunal;

CONSIDERING that Mr. Ljube Boskoski ("Accused") was transferred to the seat of the Tribunal on 24 March 2005 and that on 28 March 2005 the Accused applied for Tribunal legal aid pursuant to Article 7 of the Directive on the basis that he does not have sufficient means to remunerate counsel;

CONSIDERING that the Accused’s initial appearance was held on 1 April 2005 and that the Accused waived his right to be assigned duty counsel for the initial appearance;

CONSIDERING that on 21 April 2005, the Accused requested the assignment of Dragan Godzo, attorney at law from Ohrid, Republic of Macedonia, as his permanent counsel;

CONSIDERING that on 6 May 2005, pursuant to Article 11(B) of the Directive, Mr Godzo was assigned as counsel to the Accused for a period of 120 days in order to protect the Accused’s right to counsel while the Registry conducted its inquiries into the Accused’s financial means;

CONSIDERING that on 21 September 2005, Mr Godzo requested the assignment of Ms Edina Residovic as his co-counsel;

CONSIDERING that Ms Residovic is currently acting as lead counsel to Mr Enver Hadžihasanovic;

CONSIDERING that Mr Hadžihasanovic’s trial is over and that he is awaiting sentencing;

CONSIDERING that the Accused and Mr Hadžihasanovic have consented to Ms Residovic’s dual representation;

CONSIDERING that Ms Residovic has satisfied the Registry that the dual representation will not result in a conflict of interest, or a scheduling conflict;

CONSIDERING that Ms Residovic is on the Rule 45 list of counsel eligible to represent indigent accused and has indicated her willingness to be assigned as co-counsel to Mr Godzo;

CONSIDERING that the Registry has yet to determine whether or to what extent the Accused is able to remunerate counsel;

HEREBY DECIDES to renew Mr Godzo’s assignment for a period of 90 days effective as of 6 September 2005, and, to assign Ms Residovic as co-counsel to Mr Godzo for the duration of Mr Godzo’s assignment, effective as of the date of this decision.

John Hocking
Deputy Registrar

Dated this 29th day of September 2005
At The Hague,
The Netherlands.