Case No. IT-01-45-I

Prosecutor v. Ante Gotovina

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 Ante Gotovina ("Accused") was transferred to the seat of the Tribunal on 10 December 2005, and that his initial appearance is scheduled for 12 December 2005;

CONSIDERING that the Accused has indicated that he has retained Messrs Ante Vukorepa, Marijan Perisic, Marin Ivanovic and Luka Misetic as counsel to represent him before the International Tribunal;

NOTING that in order for a counsel engaged by an accused to be admitted to represent the accused before the Tribunal under Rule 44 of the Rules, the Registry must be satisfied that the counsel fulfills the qualification requirements enumerated under Rule 44(A) of the Rules;

CONSIDERING that the Registry has not assessed whether the persons retained by the Accused fulfill the qualification requirements enumerated under Rule 44 of the Rules;

NOTING that under Rule 62(B) of the Rules, where the interests of justice so require, the Registry may assign a duty counsel to represent the Accused at the initial appearance;

CONSIDERING that the Accused has consented to the assignment of duty counsel for the purpose of the initial appearance;

CONSIDERING that Mr Gert-Jan Alexander Knoops, attorney from the Netherlands, 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;

HEREBY DECIDES to assign Mr Knoops as counsel to represent the Accused at his initial appearance, and in such other matters as may be necessary until permanent counsel is admitted pursuant to Rule 44(A) of the Rules or assigned pursuant to Article 11(B) of the Directive.

 

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John Hocking
Deputy Registrar

Dated this twelfth day of December 2005
At The Hague,
The Netherlands.