Case No. IT-04-82-PT

Prosecutor v. Ljube Boskoski

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 Rule 45 thereof ;

NOTING the Directive on the Assignment of Defence Counsel as adopted by the Tribunal on 28 July 1994, as subsequently amended (“Directive”), and in particular Articles 6, 7, 8, 10, 11(A)(ii), 14, 16(C)(i), 18, 19(A)(i), 22, 23(C), 26, and 27 thereof;

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

NOTING 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;

NOTING that the Accused waived his right to be assigned duty counsel for his initial appearance, choosing instead to represent himself at the initial appearance ;

CONSIDERING that on 28 March 2005, the Accused submitted a Declaration of Means pursuant to Article 7(B) of the Directive, and applied for the assignment of Tribunal paid counsel on the basis that he did not possess sufficient means to remunerate counsel;

CONSIDERING that on 21 April 2005, the Accused requested the assignment of Mr Dragan Godzo, attorney at law from Ohrid, Macedonia, as his permanent counsel pursuant to Rule 45 of the Rules;

CONSIDERING that on 6 May 2005, the Registry assigned Mr Godzo as counsel to the Accused pursuant to Article 11(B) of the Directive;

CONSIDERING that on 21 September 2005, Mr Godzo requested the assignment of Ms Edina Residovic as his co-counsel, and that on 29 September 2005, the Registry assigned Ms Residovic as Mr Godzo’s co-counsel pursuant to Article 16(C)(i) of the Directive;

CONSIDERING that on 15 February 2006, the Accused requested that Mr Godzo’s assignment as lead counsel be withdrawn and that Ms Residovic be assigned as his lead counsel, and that in a subsequent meeting with a Registry representative, the Accused justified his request by indicating that Ms Residovic has been responsible for directing the preparation of the Accused’s case since her assignment as co-counsel to Mr Godzo;

CONSIDERING that Mr Godzo and Ms Residovic have confirmed that in light of Ms Residovic’s practice experience before the International Tribunal, she has been responsible for directing the preparation of the Accused’s defence;

CONSIDERING that in accordance with Article 19(A)(i) of the Directive, the Registry is satisfied that the interests of justice merit withdrawing Mr Godzo’s assignment as lead counsel to the Accused;

CONSIDERING that Ms Residovic is a member of the Association of Defence Counsel and is currently on the Rule 45 list of counsel eligible for assignment to indigent suspects and accused;

CONSIDERING that Ms Residovic is currently assigned as lead counsel to Mr Enver Hadžihasanovic, and that in accordance with Article 16(E)(i) of the Directive , Mr Hadžihasanovic has consented to Ms Residovic’s assignment as lead counsel to the Accused;

CONSIDERING that in accordance with Article 16(E)(ii) of the Directive, the Registry is satisfied that Ms Residovic’s assignment as lead counsel to the Accused will not result in a scheduling conflict, or a conflict of interest;

CONSIDERING that the Registry has examined the information provided by the Accused in his declaration of means, and has completed an inquiry into the Accused’s means pursuant to Article 10(A) of the Directive;

CONSIDERING that the Accused was given an opportunity to comment on the findings of the Registry’s inquiry into his means before the Registry made its final determination on the extent to which he is able to remunerate counsel;

CONSIDERING that pursuant to Article 8(B) of the Directive, the eligibility of an accused for legal aid shall be determined by taking into account “means of all kinds of which he has direct or indirect enjoyment or freely disposes, including but not limited to direct income, bank accounts, real or personal property, pensions , and stocks, bonds, or other assets held, but excluding any family or social benefits to which he may be entitled. In assessing such means, account shall also be taken of the means of the spouse of a suspect or accused, as well as those of persons with whom he habitually resides…”;

CONSIDERING that pursuant to Article 8(C) of the Directive, “SaCccount may also be taken of the apparent lifestyle of a suspect or accused, and of his enjoyment of any property, movable or immovable, and whether or not he derives income from it”;

CONSIDERING that the Registry determines the eligibility of an accused for legal aid in accordance with Article 8 of the Directive and the ‘Registry Policy for Determining the Extent to which an Accused is able to Remunerate Counsel’ (“ Registry Policy”), attached as Appendix II to this Decision;

NOTING that under the Registry Policy, the Registry first determines the disposable means of an applicant for legal aid and then deducts from the disposable means, the estimated living expenses of his family and dependents during the estimated period in which the applicant will require representation before the Tribunal - the amount remaining being the contribution to be made by the applicant to the costs of his defence;1

CONSIDERING that the Accused owns a house in Skopje, Macedonia (“Principal Family Home”);2

CONSIDERING that the equity in the Accused’s Principal Family Home exceeds the reasonable needs of the Accused, his spouse and the persons with whom he habitually resides and therefore, pursuant to Article 8(B) of the Directive, and Section 5( a) of the Registry Policy, the equity therein is included in the Accused’s disposable means;3

CONSIDERING that the Accused owns a property in Celopek, Macedonia, and that pursuant to Article 8(B) of the Directive, and Section 5(e) of the Registry Policy , the equity therein is included in the Accused’s disposable means;4

CONSIDERING that the Accused owns a Property in Bale, Croatia, and that pursuant to Article 8(B) of the Directive, and Section 5(e) of the Registry Policy, the equity therein is included in the Accused’s disposable means;5

CONSIDERING that the Accused owns a vehicle manufactured by Mercedes (“Principal Family Vehicle”);6

CONSIDERING that the equity in the Principal Family Vehicle exceeds the reasonable needs of the Accused, his spouse and the persons with whom he habitually resides and therefore, pursuant to Article 8(B) of the Directive, and Section 5(c) of the Registry Policy, the equity therein is included in the Accused’s disposable means;7

CONSIDERING that the Government of Macedonia provided the Accused with financial assistance to meet a portion of the cost of his defence and the daily expenses of his family (“Government of Macedonia Funds”); that these funds were deposited into a bank account held by the Accused’s spouse; that the Registry is satisfied that all of these funds remain available to the Accused; and therefore, pursuant to Article 8(B) of the Directive, and Section 5(d) of the Registry Policy, the Government of Macedonia funds are included in the Accused’s disposable means;8

CONSIDERING that the Accused’s spouse is the owner of a company called Tavern Lav (“Tavern Lav Company”), that the company made a profit in 2005, and that the Registry is satisfied that these funds remain available to the Accused’s spouse;9

CONSIDERING that under the marital property regimes of Macedonia and Croatia , the countries of which the Accused and his spouse are citizens, the income of the Accused’s spouse is classified as marital property, owned jointly by the Accused and his spouse;10

CONSIDERING therefore that pursuant to Article 8(B) of the Directive, and Section 5(d) of the Registry Policy, the Tavern Lav Company’s profit for 2005 is included in the Accused’s disposable means;11

NOTING that further to Article 7(C) of the Directive, the Accused has an obligation to provide the Registry with further information relating to any future profits made by the Tavern Lav Company during the estimated period in which the Accused will require Tribunal paid representation;

CONSIDERING that the Accused receives a salary, and pursuant to Article 8 (B) of the Directive, and Section 7(a) of the Registry Policy, the salary is included in the Accused’s disposable means;12

CONSIDERING that in accordance with the Registry Policy, the estimated living expenses of the Accused and his family during the estimated period in which the Accused will require Tribunal-paid representation are deducted from his disposable means;13

CONSIDERING that in determining the extent to which the Accused is able to remunerate counsel, the Registry applies the formula in Section 11 of the Registry Policy, which reads:

DM – ELE = C

Where:

DM represents an applicant’s disposable means as calculated under Sections 5-8 of the Registry Policy.

ELE represents the estimated living expenses of an applicant, his spouse, his dependants and the persons with whom he habitually resides as calculated under Section 10 of the Registry Policy.

C represents the contribution to be made by an applicant to his defence.

CONSIDERING that by applying the formula DM – ELE = C, the Accused’s contribution is US$575,621 and as such he is partially able to remunerate counsel;14

CONSIDERING that as of the date of this decision, the cost of the Accused’s defence before the Tribunal at the pre-trial stage (excluding the cost of necessary Travel and Daily Subsistence Allowance) is estimated at US$162,531;

CONSIDERING that as of the date of this decision, it is not possible to estimate the cost of the Accused’s defence at the trial stage of the proceedings;

DECIDES that in light of the foregoing and in accordance with Article 11( A)(ii) of the Directive, that the Accused is partially eligible for legal aid and that he shall contribute US$575,621 to the cost of his defence;

DECIDES that with the exception of the Accused’s contribution of US$575,621 , the expenses referred to in Articles 22, 26 and 27 of the Directive shall be borne by the Tribunal;

DECIDES to withdraw the assignment of Mr Godzo as lead counsel to the Accused pursuant to Article 19(A)(i) of the Directive, and without prejudice to Article 18 of the Directive, and pursuant to Article 11(A)(ii) of the Directive, to assign Ms Residovic as counsel to the Accused effective as of 4 December 2005;

DIRECTS Mr Godzo, in accordance with his duty under Article 9(D) of the Code of Conduct, to hand over to Ms Residovic any case-related materials he received during his assignment as counsel;

INFORMS the Accused and Ms Residovic that the Accused’s contribution of US $575,621 will be deducted from legal aid allotments paid to his defence team in a manner to be agreed upon by the Registry and Ms Residovic.

John Hocking
Deputy Registrar

Dated this 13th day of April 2006
At The Hague,
The Netherlands.


1 - Appendix II, sections. 2, 11.
2 - Confidential Ex Parte Appendix I, paragraph 5 (‘Appendix I’).
3 - Ibid., at paras. 9 and 10.
4 - Ibid., at paras. 11 and 15.
5 - Ibid., at paras. 16 and 31.
6 - Ibid., at para. 32.
7 - Ibid., at paras. 35 to 37.
8 - Ibid., at paras. 38 and 40.
9 - Ibid., at para. 41.
10 - Family Act of Croatia, Articles 248-249 and 262. Act on Settlements of Disputes with the Provisions of other Countries in Certain Relations of Croatia, Article 36. Law on Property and other Real Rights of Macedonia, Articles 66-68. Law on Dissolving the Conflict of Laws with the Regulations of other countries in Certain Relations of Macedonia, Articles 36, 37 and 39.
11 - Appendix I at para. 44.
12 - Ibid., at paras. 45 and 47 to 49.
13 - Ibid., at paras. 51 and 52.
14 - Ibid., at paras. 53 and 54.