Case No. IT-01-42-I

Prosecutor v. Vladimir Kovacevic

DECISION

THE DEPUTY REGISTRAR,

CONSIDERING the Statute of the Tribunal as adopted by the Security Council under Resolution 827 (1993), and in particular Article 21 thereof;

CONSIDERING the Rules of Procedure and Evidence as adopted by the Tribunal on 11 February 1994, as subsequently amended, and in particular Rules 44 and 45 thereof;

CONSIDERING the Directive on Assignment of Defence Counsel (hereinafter "the Directive"), as adopted by the Tribunal on 28 July 1994, as subsequently amended, and in particular, Articles 6, 8, 10 and 11(C);

CONSIDERING that Vladimir Kovacevic (hereinafter “the accused”) was transferred to the seat of the Tribunal on 23 October 2003 and that his initial appearance pursuant to Rule 62 of the Rules is scheduled for 3 November 2003;

CONSIDERING that in order to request the assignment of counsel the accused shall submit a declaration of his means on the form provided by the Registry;

CONSIDERING that the accused has not submitted yet his declaration of means to the Registry;

CONSIDERING nonetheless that the accused has informed a representative of the Registry that he consents to be represented by Mr. Morrison in the initial appearance;

CONSIDERING that in accordance with Article 21 of the Statute, an accused has the right to be assigned legal assistance in any case where the interests of justice so require, without payment if the accused does not have sufficient means to remunerate counsel;

CONSIDERING that for the purpose of establishing whether the accused satisfies the requisite conditions for assignment of counsel, the Registry may inquire into his means, request the gathering of any information or the production of any documents to verify the request;

CONSIDERING that the right of the accused to counsel should not be affected while the Registrar examines the declaration of means laid down in Article 7 and the information obtained pursuant to Article 10 of the Directive;

CONSIDERING that Mr. Howard Morrison, attorney at law from the United Kingdom, has informed the Registry that he consents to representing the accused as counsel on a temporary basis during the aforementioned initial appearance;

CONSIDERING that Mr. Morrison meets the requirements of the Rule 45 list of counsel who are eligible to be considered for assignment of counsel, and that there are no conflicts of interest;

DECIDES pursuant to Article 11(C) of the Directive to assign Mr. Howard Morrison as counsel to the accused for a period of 120 days effective as of the date of this decision.

 

___________
David Tolbert
Deputy Registrar

Dated this thirty first day of October 2003
At The Hague
The Netherlands