Case No. IT-95-14-R77.4

Prosecutor v. Marijan Krizic

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, 45 and 62(B) 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 14(B), and 16(F) thereof;

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

NOTING the indictment against Mr Marijan Krizic ("Accused") filed on 29 August 2005 and confirmed by Judge Orie on 9 September 2005, charging the Accused with contempt of the Tribunal pursuant to Rule 77(A)(ii) of the Rules;

CONSIDERING that the Accused’s initial appearance is scheduled for 26 September 2005;

CONSIDERING that the Accused has provided the Registry with a power of attorney authorizing Mr Emil Havkic, attorney at law from Zagreb, to act on his behalf in proceedings before the Tribunal;

CONSIDERING however that Mr Havkic is not in present in The Hague for the Accused’s initial appearance and that the Registry has not been able to determine whether it will be able to admit Mr Havkic as counsel to the Accused;

CONSIDERING that the Accused’s rights under the Statute, Rules and Directive must be protected until he retains permanent counsel or has counsel assigned to him pursuant to Rule 45 of the Rules and that Rule 62(B) of the Rules enables the Registrar to assign duty counsel for this purpose;

CONSIDERING that Ms Mira Tapu{skovi}c, attorney at law from Belgrade, is on the list of "duty counsel" envisaged in Rule 45(C) of the Rules, and has agreed to represent the Accused at his initial appearance;

CONSIDERING that the Accused has consented to be represented by duty counsel for the purpose of his initial appearance;

HEREBY DECIDES to assign Ms Tapu{skovi}c as counsel to represent the Accused at his initial appearance and in such other matters as may be necessary until the Registry has admitted Mr Havkic as counsel, effective as of the date of this decision.

 

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John Hocking
Deputy Registrar

Dated this twentieth-sixth day of September 2005
At The Hague,
The Netherlands.