Case No IT-95-13/1-T

Prosecutor v Mile Mrksic

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 Rules 44 and 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 11(B), 14 and 16(C) thereof;

NOTING the Code of Professional Conduct for Counsel Appearing Before the International Tribunal;

CONSIDERING that on 21 May 2002, Mr Mile Mrksic requested the assignment of Miroslav Vasic, attorney at law from Belgrade, Serbia and Montenegro, as counsel;

CONSIDERING that on 4 June 2002, Mr Vasic was assigned as counsel to the Accused;

CONSIDERING that on 28 July 2005, Mr Vasic requested the assignment of Goran Rodic, attorney at law from Podgorica, Serbia and Montenegro, as his co-counsel;

CONSIDERING that on 3 August 2005, the Registry denied Mr Vasicís request because Mr Rodic is not on the Rule 45 list of counsel eligible to represent indigent accused persons ("Rule 45 list") and irrespective of Mr Rodicís admission to the Rule 45 list, Mr Vasic had not demonstrated that the interests of justice required that Mr Rodic, who does not speak a working language of the Tribunal, be assigned as co-counsel;

CONSIDERING that on 15 August 2005, Mr Vasic renewed his request for the assignment of Mr Rodic as co-counsel on the basis that Mr Rodicís assignment was in the interests of justice;

CONSIDERING that on 22 August 2005, the Registry denied Mr Vasicís renewed request on the basis that it was not satisfied that Mr Rodicís assignment was in the interests of justice;

CONSIDERING that on 2 September 2005, the Accused filed a motion for review of the Registryís decision denying Mr Rodicís assignment as co-counsel;

CONSIDERING that on 7 October 2005, the Trial Chamber dismissed the Accusedís motion for review of the Registryís decision;

CONSIDERING that on 13 October 2005, Mr Vasic requested the assignment of Vladimir Domazet, attorney at law from Nis, Serbia and Montenegro, as his co-counsel;

CONSIDERING that Mr Domazet is currently acting as lead counsel to Messrs. Mitar Rasevic and Vidoje Blagojevic;

CONSIDERING that on 8 July 2005, Mr Rasevicís case was referred to the authorities of Bosnia and Herzegovina further to Rule 11bis of the Rules and that on 25 July 2005, Mr Rasevic indicated that he would not appeal the Referral Benchís decision;

CONSIDERING that on 20 October 2005, Mr Domazet filed the appellate brief on behalf of Mr Blagojevic;

CONSIDERING that Mr Domazet has satisfied the Registry that the multiple representations will not result in a conflict of interest, or a scheduling conflict;

CONSIDERING that Messrs. Rasevic, Blagojevic, and Mrksic have consented to the multiple representation;

CONSIDERING that Mr Domazet is on the Rule 45 list of counsel eligible to represent indigent accused and has indicated his willingness to be assigned as co-counsel to Mr Vasic;

HEREBY DECIDES to assign Mr Domazet as co-counsel to Mr Vasic effective as of the date of this decision.

 

_______________
John Hocking
Deputy Registrar

Dated this 26th day of October 2005
At The Hague,
The Netherlands.