Case No. IT-02-64-PT

Prosecutor v. Ljubomir Borovcanin

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 11(B), 14(B), and 16(F) thereof;

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

CONSIDERING that Mr Ljubomir Borovčanin ("Accused") was transferred to the seat of the Tribunal on 1 April 2005, and that his initial appearance was held on 7 April 2005;

CONSIDERING that on 6 April 2005, pursuant to Rule 45(C) of the Rules, the Registrar assigned Ms Colleen Rohan as duty counsel to the Accused for the purposes of his initial appearance and for such other matters as necessary until replacement counsel is assigned;

CONSIDERING that because the Accused did not enter a plea at his initial appearance, a further initial appearance was held on 5 May 2005 and that the Accused elected to be represented at his further initial appearance by Mr Miodrag Stojanovic, attorney at law from Bosnia and Herzegovina, who appeared as pro bono counsel pursuant to Rule 44 of the Rules;

CONSIDERING that the Accused has applied for Tribunal legal aid pursuant to Article 8 of the Directive on the basis that he does not have means to remunerate counsel;

CONSIDERING that the Registry has not yet determined whether or to what extent the Accused 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 an accused’s right to counsel is not affected while the Registry examines his ability to remunerate counsel;

CONSIDERING that in this case it is necessary to assign counsel to the Accused pursuant to Article 11(B) to ensure that his right to counsel is not affected while the Registry assesses his ability to remunerate counsel;

CONSIDERING that the Accused has requested that the Registry assign Mr Alan Newman, a Queen’s Counsel from the United Kingdom, as counsel to him;

CONSIDERING that Mr Newman is on the Tribunal’s list of lawyers eligible for assignment to indigent suspects or accused and has indicated his willingness to represent the Accused;

HEREBY DECIDES to assign Mr Newman as counsel to the Accused for a period of 120 days effective as of the date of this decision;

DECIDES that the assignment of Ms Rohan as duty counsel ceases as of the date of this decision;

DIRECTS Ms Rohan to hand over any case-related materials received during her assignment as duty counsel to Mr Newman in accordance with her duty under Article 9(D) of the Code of Conduct.

John Hocking
Deputy Registrar

Dated this ninth day of May 2005
At The Hague,
The Netherlands.