Case No.: IT-03-69-PT

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding

Judge O-Gon Kwon
Judge Albertus Swart

Deputy Registrar:
David Tolbert

Decision of:
29 June 2004

PROSECUTOR

v.

JOVICA STANISIC

__________________________________________________________

DECISION OF THE REGISTRY ON ASSIGNMENT OF COUNSEL AND THE EXTENT TO WHICH THE ACCUSED IS ABLE TO REMUNERATE COUNSEL

___________________________________________________________

Counsel for the Prosecutor:

Mr. Dermot Groome

Counsel for the defence:

Mr Gert-Jan Knoops for Jovica Stanisic

 

DECISION

THE DEPUTY REGISTRAR,

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

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

CONSIDERING the Directive on Assignment of Defence Counsel (hereinafter “ Directive”), as adopted by the Tribunal on 28 July 1994, as subsequently amended, and in particular, Articles 8, 10, 11(A) and 18 thereof;

CONSIDERING that on 12 June 2003 Jovica Stanišic (hereinafter “Accused”) requested that the Registry assign Mr. Vladan Vukcevic, attorney at law from Belgrade, as lead counsel;

CONSIDERING that the Accused submitted his declaration of means on 30 July 2003, claiming legal aid on the basis that he did not have sufficient means to remunerate counsel;

CONSIDERING that on 17 September 2003, the Registry assigned Mr. Gerardus Knoops as co-counsel to the Accused for a temporary period of 30 days;

CONSIDERING that on 23 October 2003, the Registry withdrew Mr. Vladan Vukcevic and assigned Mr. Knoops as lead counsel for a temporary period;

CONSIDERING that on 8 March 2004, the Registry extended the assignment of Mr. Knoops for an additional period of 90 days as of 13 February 2004;

CONSIDERING that on 3 May 2004, Mr. Knoops, requested the assignment of Mr. Wayne Jordash, attorney at law from London, as co-counsel to the Accused;

CONSIDERING that on 11 May 2004, the Registry had not completed its inquiry into the means of the Accused and extended the temporary assignment of Mr. Knoops and assigned Mr. Jordash as temporary co-counsel;

CONSIDERING the information provided by the Accused in his declaration of means and the evidence gathered by the Registry during an inquiry into the Accused’s means pursuant to Article 10(A) of the Directive;

CONSIDERING that according to Article 8 (b) of the Directive, the eligibility of an accused for legal aid shall be determined by taking into account “means of all kinds of which he has direct or indirect enjoyment or freely disposes, including but not limited to direct income, bank accounts, real or personal property, pensions, and stocks, bonds, or other assets held, but excluding any family or social benefits to which he may be entitled. In assessing such means, account shall also be taken of the means of the spouse of a suspect or accused, as well as those of persons with whom he habitually resides. […] Account may also be taken of the apparent lifestyle of a suspect or accused, and of his enjoyment of any property, movable or immovable, and whether or not he derives income from it.”

CONSIDERING that the Accused has a spouse (hereinafter “Accused’s spouse”) and two children that reside in the principal family home (hereinafter “persons with whom the Accused habitually resides”) and with whom he has a relationship of financial co-dependence;

CONSIDERING that the Registry Policy recognizes that the Accused’s principal family home, the furnishings contained therein, the Accused’s spouse’s real property other than the principal family home, the Accused’s spouse’s vehicle and the income of the Accused’s spouse--all deemed marital property under the marital property regime of Serbia and Montenegro where the Accused and his spouse reside--are owned jointly by the Accused and his spouse may be considered for the purpose of calculating the Accused’s disposable means, unless evidence is proffered that the marital property regime does not apply.

Registry Policy

CONSIDERING that the eligibility of an accused for legal aid is determined according to the “Registry Policy for Determining the Extent to which a Suspect or an Accused is able to Remunerate Counsel” (hereinafter “Registry Policy”), Appendix II to this Decision;

NOTING that according to the Registry Policy, the Registry deducts from an applicant’s disposable means the estimated living expenses of his family and dependents during the estimated period in which the applicant will require representation before the International Tribunal, the amount remaining being the contribution to be made by the applicant to his defence;1

Principal Family Home

CONSIDERING that the Accused’s spouse owns a house in Belgrade, Serbia and Montenegro (hereinafter “Accused’s principal family home”); 2

NOTING that according to the Registry Policy, the Registry includes in an applicant’s disposable means the equity in the principal family home to the extent that the principal family home exceeds the reasonable needs of the applicant, his spouse and the persons with whom he habitually resides;3

CONSIDERING that the Accused’s principal family home does exceed the reasonable needs of the Accused, his spouse and the persons with whom he habitually resides, and therefore is included in the Accused’s disposable means to the extent that it exceeds those reasonable needs;4

Furnishings in the Principal Family Home

NOTING that according to the Registry Policy, the Registry excludes from an applicant’s disposable means the equity in furnishings in the principal family home unless those furnishings exceed the reasonable needs of the applicant, his spouse and the persons with whom he habitually resides;5

CONSIDERING that although the Registry considers their value significant and much higher than that expected in an average family home, no luxury item of extraordinary value was found; therefore, the furnishings in the Accused’s principal family home are, for the purposes of this calculation, found not to exceed the reasonable needs of the Accused, his spouse and the persons with whom he habitually resides and are therefore not included in the Accused’s disposable means;6

Real Property other than the Principal Family Home

CONSIDERING that the Accused owns a weekend house and adjacent land in Mramorak (hereinafter “property in Mramorak”); land in Neštin (hereinafter “property in Neštin ”); land in Susek (hereinafter “property in Susek”); and two parcels of land in Kajtasova (hereinafter “property in Kajtasova”);7

CONSIDERING that the Accused’s spouse owns a parking garage that is attached to the principal family home (hereinafter “garage in Belgrade”); an additional parking garage in Belgrade (hereinafter “second garage in Belgrade”); an apartment in Belgrade (hereinafter “apartment in Belgrade”); and two parcels of land in Surcin and one property on each parcel of land (hereinafter “property in Surcin”);8

NOTING that according to the Registry policy, the Registry includes in an applicant’s disposable means the equity in any real estate other than the principal family home;9

CONSIDERING that the equity in the properties owned by the Accused in Mramorak, Neštin, Susek and Kajtasova, and owned by the Accused’s spouse in Belgrade and Surcin is included in the Accused’s disposable means;10

Principal Family Vehicle

CONSIDERING that the Accused’s spouse owns a 1997 Volkswagen Polo Classic and the Accused’s son owns a 2001 Jeep Grand Cherokee (hereinafter “principal family vehicles”);11

NOTING that according to the Registry Policy, the Registry excludes from an applicant’s disposable means the equity in the principal family vehicles to the extent that the principal family vehicles are reasonably necessary for the applicant, his spouse and the persons with whom he habitually resides;12

CONSIDERING that the value of the Accused’s principal family vehicles exceeds the reasonable needs of the Accused, his spouse, and the persons with whom he habitually resides and that the excess value is included in the Accused’s disposable means;13

Income

CONSIDERING that the Accused receives a monthly pension from the Social Insurance Bureau of Serbia and Montenegro and a monthly allowance from the Government of Serbia and Montenegro;14

CONSIDERING that the Accused’s spouse receives a monthly pension from the Social Insurance Bureau of Serbia and Montenegro;15

NOTING that according to the Registry Policy, the Registry includes in an applicant’s disposable means income of the applicant, his spouse and the persons with whom he habitually resides, which includes pensions and allowances, and that such income is calculated on the basis that it will continue to be received from the date the Registry issues its decision on the extent to which an applicant is able to remunerate counsel, until the conclusion of the estimated period in which the applicant will require representation before the International Tribunal;16

CONSIDERING that the combined income expected to be received by the Accused, his spouse and the persons with whom he habitually resides from the date of this decision until the conclusion of the estimated period in which the Accused will require representation before the International Tribunal is included in the Accused’s disposable means;17

The Accused’s Estimated Living Expenses

CONSIDERING that in determining the estimated living expenses of the Accused, his spouse, and the persons with whom he habitually resides, the Registry applies the formula in Section 10 of the Registry Policy, which reads:
SAE x (M + D) + EEC x T = ELE
4    

Where:

AE represents the average monthly expenditure for a four-person household, obtained from official documentation of the governments of the republics of the former Yugoslavia. The index includes accommodation and living costs;

EE represents additional monthly living expenses of the applicant, his spouse, his dependents and the persons with whom he habitually resides. These additional living expenses are expenses that are particular to the applicant, his spouse, his dependents and the persons with whom he habitually resides and are accordingly not foreseen in the AE index. Additional living expenses will include, but not be limited to, tuition fees and the costs of extraordinary medical care.

M represents the number of people who habitually reside in the principal family home, including the applicant, the applicant’s spouse and the persons with whom he habitually resides;

D represents the applicant’s dependents who do not habitually reside in the principal family home;

T represents the period from when the Registry issues its decision on the extent to which an applicant is able to remunerate counsel until the conclusion of the estimated period in which the applicant will require representation before the International Tribunal, at the pre-trial, trial or appeals stage;

ELE represents the estimated living expenses for the applicant, his spouse, his dependents and the persons with whom he habitually resides, during the period from when the Registry issues its decision on the extent to which an applicant is able to remunerate counsel until the conclusion of the estimated period in which the applicant will require representation before the International Tribunal, at the pre-trial, trial or appeals stage;

CONSIDERING that the additional monthly expenditures taken into account include the cost of tuition for the Accused’s daughter; the cost of crude gas for heating ; and tax on the principal family home, the parking garage attached to the principal family home, and the apartment at No. 11 Milutina Ivkovica Street in Belgrade;18

CONSIDERING that in applying the formula in Section 10 of the Registry Policy, the estimated living expenses of the Accused, his spouse and the persons with whom he habitually resides are $30,780;19

Application of Formula

CONSIDERING that in determining the extent to which an applicant is able to remunerate counsel, the Registry applies the formula in Section 11 of the Registry Policy, which reads:

DM – ELE = C

Where:

DM represents an applicant’s disposable means as calculated under Sections 5-8 of the Registry Policy

ELE represents the estimated living expenses of an applicant, his spouse, his dependants and the persons with whom he habitually resides as calculated under Section 10 of the Registry Policy

C represents the contribution to be made by an applicant to his defence

Accused’s Contribution

CONSIDERING that in applying the formula DM – ELE = C, the Accused’s contribution is US $483,078, and as such he is partially able to remunerate counsel;20

DECIDES in light of the foregoing and in accordance with article 11(A)(ii ) of the Directive, that the Accused shall contribute US $483,078 to his defence costs during the pre-trial and trial stages and that the Registry shall deduct US $483,078 from allocations paid to the defence team during the pre-trial and trial stages;

DECIDES further, that with the exception of the Accused’s contribution of US $483,078, the expenses referred to in Articles 22, 26 and 27 of the Directive shall be borne by the Tribunal;

Assignment of Counsel

CONSIDERING that according to the information received by the Registry, the Accused is

partially indigent and has partial means to pay the costs of his defence;

CONSIDERING FURTHER the right of the Accused to an effective defence before the International Tribunal;

DECIDES in light of the foregoing, without prejudice to Article 18 of the Directive and pursuant to Article 11(A)(i) of the Directive, to assign permanently to the Accused, as of 11 June 2004, Mr. Gerardus Knoops as lead counsel and Mr. Wayne Jordash as co-counsel.

___________
David Tolbert
Deputy Registrar

Dated this 29th day of June 2004
At The Hague
The Netherlands


1 - Appendix II, SS. 2, 11, 12
2 - Appendix I, para 7
3 - Appendix II, S. 5 (a)
4 - Appendix I, paras 10, 11
5 - Appendix II, S. 5 (b)
6 - Appendix I, paras 14, 15
7 - Appendix I, paras 17, 19, 21, 23
8 - Appendix I, paras 27, 29, 31, 35
9 - Appendix II, S. 5 (e)
10 - Appendix I, paras 18, 20, 22, 24, 28, 30, 32, 36
11 - Appendix I, paras 37, 40
12 - Appendix II, S. 5 (c)
13 - Appendix I, paras 46, 47
14 - Appendix I, paras 52, 53
15 - Appendix I, para 54
16 - Appendix II, S 7
17 - Appendix I, para 61
18 - Appendix I, para 63
19 - Appendix I, para 63
20 - Appendix I, para 65