Case No. IT-05-88-PT

The Prosecutor v. Vinko Pandurevic

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, 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 6, 8, 11(B), 16(C) and 19 thereof;

NOTING the Code of Professional Conduct for Counsel Appearing Before the International Tribunal (IT/125 REV.1);

CONSIDERING that Vinko Pandurevic (“Accused”) was transferred to the seat of the Tribunal on 23 March 2005 and that on or about that date he applied for the assignment of Tribunal-paid counsel on the basis that he did not have sufficient means to remunerate counsel;

CONSIDERING that on 22 April 2005, acting pursuant to Article 11(B) of the Directive, the Deputy Registrar assigned Mr Djordje Sarapa, attorney at law from Belgrade, as counsel to the Accused for a period of 120 days, determining that an interim assignment of counsel was necessary to ensure that the Accused’s right to counsel was not affected while the Registry examined his ability to remunerate counsel;

CONSIDERING that on 12 October 2005, Mr Sarapa’s assignment as counsel to the Accused was extended for an additional period of 120 days, effective as of 20 August 2005 and that on 23 February 2006, his assignment was extended for a further period of 120 days, effective as of 18 December 2005;

CONSIDERING that the Accused has requested the Registry to assign Mr Peter Haynes, Barrister from the United Kingdom, as his lead counsel and to re-assign Mr Sarapa as co-counsel;

CONSIDERING that Mr Haynes is on the Tribunal’s list of counsel eligible for assignment to indigent suspects and accused and has indicated his willingness to be assigned as lead counsel in the Accused’s case;

CONSIDERING that Mr Sarapa has indicated his willingness to continue to work on the Accused’s case in a co-counsel capacity;

CONSIDERING that the Registry is satisfied that it is in the interests of justice in this case to assign Mr Haynes as counsel to the Accused and to assign Mr Sarapa as his co-counsel;

WITHDRAWS the assignment of Mr Sarapa as lead counsel to the Accused pursuant to Article 19(A)(i) of the Directive;

ASSIGNS Mr Haynes as lead counsel to the Accused for a period of 120 days pending the completion of the Registry’s inquiry into the Accused’s ability to remunerate counsel;

RE-ASSIGNS Mr Sarapa as co-counsel to Mr Haynes pursuant to Article 16(C)(i) of the Directive.

 

______________
John Hocking
Deputy Registrar

Dated this seventh day of March 2006
At The Hague,
The Netherlands.