Case No IT-04-82-PT

Prosecutor v Ljube Boskoski

THE DEPUTY REGISTRAR,

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

NOTING the Rules of Procedure and Evidence as adopted by the Tribunal on 11 February 1994, as subsequently amended ("the Rules"), and in particular Rules 44 and 45;

NOTING the Directive on Assignment of Defence Counsel as adopted by the Tribunal on 28 July 1994, as subsequently amended ("the Directive"), and in particular Articles 6, 7, 8, 11(B) and 14;

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

CONSIDERING that Mr Ljube Boskoski ("Accused") was transferred to the seat of the Tribunal on 24 March 2005 and that his initial appearance was held on 1 April 2005;

CONSIDERING that the Accused waived his right to be assigned duty counsel for the initial appearance;

CONSIDERING however, that on 28 March 2005, the Accused applied for Tribunal legal aid pursuant to Article 8 of the Directive on the basis that he does not have sufficient means to remunerate counsel;

CONSIDERING that on 21 April 2005, the Accused requested the assignment of Dragan Godzo, attorney at law from Ohrid, Republic of Macedonia, as his permanent counsel;

CONSIDERING that Mr Godzo is a member of the Association of Defence Counsel and is currently on the Rule 45 list of counsel eligible to represent indigent suspects and accused, and has indicated his willingness to represent the Accused;

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 the 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;

HEREBY DECIDES to assign Mr Dragan Godzo as counsel to the Accused for a period of 120 days pursuant to Article 11(B) of the Directive, effective as of the date of this decision.

 

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John Hocking
Deputy Registrar

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