The Prosecutor v Radivoje Miletic

Case No IT-04-80-I

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;

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;

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, 7, 8, 10, and 11(B);

NOTING the Code of Professional Conduct for Defence Counsel Appearing before the International Tribunal adopted by the Tribunal on 12 June 1997, as subsequently amended ("Code of Conduct");

CONSIDERING that Mr Radivoje Miletic ("Accused") was transferred to the seat of the Tribunal on 28 February 2005, and that his initial appearance was held on 2 March 2005;

NOTING the Decision of 2 March 2005 by the Deputy Registrar to assign Mr Peter Morrissey as duty counsel to represent the Accused at his initial appearance, and in such other matters as may be necessary until a permanent counsel is assigned;

NOTING that at his initial appearance on 2 March 2005 the Accused did not enter a plea and opted to enter a plea within 30 days;

NOTING the second initial appearance of 31 March 2005 at which the Accused again did not enter a plea, partly since he had not yet selected a permanent counsel;

NOTING the request by the Accused of 8 April 2005 for the assignment of Ms Natacha Fauveau-Ivanovic, attorney at law from Paris, as his counsel;

NOTING that Ms Fauveau-Ivanovic is a member of the Association of Defence Counsel and is currently on the Rule 45 list of counsel eligible for assignment to indigent suspects and accused;

NOTING that Ms Fauveau-Ivanovic was formerly assigned to the Prosecutor v Momir Talic;

CONSIDERING that the Registry has ascertained that no conflict of interest exists between Ms Fauveau-Ivanovicís assignment in The Prosecutor v Momir Talic and the present assignment;

CONSIDERING that the Accused submitted his declaration of means on 8 April 2005 and that the Registry is reviewing it in order to determine whether he is able to remunerate counsel;

CONSIDERING that in accordance with Article 11(B) of the Directive, the Registrar may assign counsel to an accused for a period of 120 days to ensure that the accusedís right to counsel is not affected while the Registry examines his declaration of means;

NOTING that in accordance with Article 9(D) of the Code of Conduct, Mr Morrissey is obliged to surrender any papers and property to which the client or the Tribunal is entitled;

NOTING that in accordance with Article 13(A) of the Code of Conduct, Mr Morrissey remains subject to a continuing duty of confidentiality of the Accusedís affairs and shall not reveal to any other person, other than to members of the Accusedís defence team who need such information for the performance of their duties, information which has been entrusted to him in confidence or use such information to the Accusedís detriment or to his own or another client's advantage;

HEREBY DECIDES to assign Ms Fauveau-Ivanovic as counsel to the Accused for a period of 120 days, effective as of the date of this Decision;

DECIDES that the assignment of Mr Morrissey as duty counsel ceases as of the date of this decision.

________________
John Hocking
Deputy Registrar

Dated this Eleventh day of April 2005
At The Hague,
The Netherlands.