Case No. IT-03-72

Prosecutor v. Milan Babic

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, 7, 8, 10 and 11(A);

CONSIDERING that on 26 November 2003 Mr. Milan Babic (hereinafter "the Accused") has submitted a Declaration of means pursuant to Article 8 of the Directive, and has requested the Registrar to assign Mr. Peter Michael Müller, attorney at law from Munich, as lead counsel and Mr. Robert Fogelnest, attorney at law from New York, as co-counsel to represent him before the International Tribunal;

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

CONSIDERING that on 26 November 2003, the Deputy Registrar assigned Mr. Peter Michael Müller as lead counsel and Mr. Robert Fogelnest as co-counsel to the Accused for a period of 120 days, pending verification of his means;

CONSIDERING that according to the information received by the Registry, the Accused does not have sufficient means to remunerate counsel;

CONSIDERING the right of the Accused to have counsel assigned to him if he is unable to remunerate one himself, as per Article 21(d) of the Statute;

HEREBY DECIDES without prejudice to Article 18 of the Directive, to confirm the assignment of Mr. Peter Michael Müller as lead counsel and of Mr. Robert Fogelnest as co-counsel to the Accused, effective as of the day of this decision.

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David Tolbert
Deputy Registrar

Dated this twenty-third day of March 2004
At The Hague
The Netherlands