Case No. IT-05-88-PT

Prosecutor v. Milorad Trbic

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, and in particular Rule 45 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 and 16(C) thereof;

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

CONSIDERING that Milorad Trbic (“Accused”) was transferred to the seat of the Tribunal on 7 April 2005;

CONSIDERING that on 11 April 2005, the Accused submitted a declaration of means form to the Registry pursuant to Article 7(B) of the Directive, thereby applying for the assignment of Tribunal-paid counsel on the basis that he did not have sufficient means to remunerate counsel;

CONSIDERING that on 11 April 2005, acting pursuant to Rule 45(C) of the Rules, the Deputy Registrar assigned Mr Eugene O’Sullivan, Professor of law from Canada, as duty counsel to the Accused;

CONSIDERING that on 23 June 2005, acting pursuant to the Article 11(B) of the Directive, the Deputy Registrar assigned Ms Colleen Rohan, attorney at law from the United States, as counsel to the Accused for a period of 120 days, determining that an interim assignment of counsel was necessary to ensure that the Accused’s right to counsel was not affected while the Registry determined his ability to remunerate counsel;

CONSIDERING that on 21 October 2005, the Deputy Registrar extended Ms Rohan’s assignment for an additional period of 120 days;

CONSIDERING that on 21 November 2005, the Deputy Registrar issued a decision on the Accused’s ability to remunerate counsel, finding the Accused indigent and assigning Ms Rohan as counsel to the Accused permanently;

CONSIDERING that Ms Rohan has requested the assignment of Ms Vesna Janjic, Attorney at law from Serbia and Montenegro, as her co-counsel;

CONSIDERING that Ms Janjic is on the Tribunal’s list of counsel eligible for assignment to indigent suspects and accused, and has indicated her willingness to be assigned as co-counsel in the Accused’s case;

CONSIDERING that, having reviewed the submissions of Ms Rohan, the Registry is of the view that in the Accused’s case it is in the interests of justice to assign Ms Janjic as co-counsel;

HEREBY DECIDES to assign Ms Janjic as co-counsel to Ms Rohan, effective as of the date of this decision.

John Hocking
Deputy Registrar

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