Case No. IT-01-42-PT

IN THE TRIAL CHAMBER

Before:
Judge Daqun Liu, Presiding
Judge Amin El Mahdi
Judge Alphons Orie

Registrar:
Mr. Hans Holthuis

Decision of:
19th August 2003

THE PROSECUTOR

v.

PAVLE STRUGAR


DECISION ON DEFENCE REQUEST FOR REVIEW OF REGISTRARíS DECISION AND MOTION FOR SUSPENSION OF ALL TIME LIMITS


The Office of the Prosecutor:

Ms. Susan Somers
Mr. Vladimir Tochilovski

Counsel for the Defence:

Mr Goran Rodic

 

Trial Chamber I ("the Chamber") of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("the Tribunal");

BEING SEISED of the "Defence Request for Review of the Registrarís Decision" ("Request"), filed on a confidential and ex parte basis on 25 June 2003 by the Defence of Pavle Strugar ("defence"), and the "Defence Motion for Suspension of All Time Limits Set in Order of 25 July 2003 Until the Decision on Defence Request of 25 June 2003" ("Motion"), filed on a confidential and ex parte basis on 07 August 2003,

NOTING that in the Request, the defence submits that the Registrar has erred in classifying the case at the second level of complexity, in light of the circumstances of the case and also upon a comparison of the practice of the Registrar,

NOTING that the Motion requests that the time limits set out in the "Scheduling Order for Submission of Pre-Trial Briefs and Setting the Date for the Pre-Trial Conference and Commencement of the Trial" issued on 25 July 2003, be suspended until a decision is reached on the Request,

CONSIDERING that the Registrar has the primary responsibility in relation to remuneration of counsel under the legal aid system,1 in accordance with the Rules of Procedure and Evidence ("Rules") and the Directive on Assignment of Defence Counsel issued by the International Tribunal ("Directive"),

CONSIDERING that Article 22 of the Directive empowers the Registrar to establish maximum allotments, and in the event of a disagreement, the Registrar retains the discretion to decide, in consultation with the Trial Chamber,2

CONSIDERING that the accused is guaranteed the right to a fair and expeditious trial, in accordance with Articles 20 and 21 of the Statute of the Tribunal and Rule 54 of the Rules, and that the Trial Chamber is empowered to review the decision of the Registrar, upon exceptional circumstances being demonstrated,3

CONSIDERING that the Defence has failed to demonstrate that there exist exceptional circumstances which would require the Chamber to intervene in the decision of the Registrar,

PURSUANT to Rule 54 of the Rules,

HEREBY DENIES the REQUEST and the MOTION.

 

Done in English and French, the English version being authoritative.

Dated this nineteenth day of August 2003
At The Hague,
The Netherlands.

______________
Liu Daqun,
Presiding Judge

[Seal of the Tribunal]


1. Prosecutor v. Enver Hadzihasanovic & Amir Kubura, Case No. IT-01-47-PT, "Decision on Urgent Motion for Ex Parte Oral Hearing on Allocation of Resources to the Defence and Consequences thereof for the Rights of the Accused to a Fair Trial", 17 June 2003, p.2; Prosecutor v. Milan Milutinovic et. al., Case No. IT-99-37-PT, "Decision on Motion for Additional Funds", 8 July 2003, p.4. ("Milutinovic Decision").
2. Article 22(A) of the Directive provides"ÖThe Registrar establishes maximum allotments for each defence at the beginning of every stage of the procedure taking into account his estimate of the duration of the case. In the event that a stage of the procedure is substantially longer or shorter than estimated, the Registrar may adapt the allotment. In the event of disagreement on the maximum allotment, the Registrar shall make a decision, after consulting the Chamber, and if necessary, the Advisory Panel."
3. Prosecutor v. Dusko Knezevic, "Decision on Accusedís Request for Review of Registrarís Decision as to Assignment of Counsel", Case No. IT-95-4-PT & IT-95-8/1-PT, 6 September 2002; Milutinovic Decision, p.5.