Case No. IT-03-70-I

Prosecutor v. Nebojsa Pavkovic

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, 45 and 62(B) 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 14(B), and 16(F) thereof;

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

CONSIDERING that Nebojsa Pavkovic ("Accused") was transferred to the seat of the Tribunal on 25 April 2005, and that his initial appearance is scheduled for 28 April 2005;

CONSIDERING that the Accused has informed the Registry that he will apply for Tribunal legal aid and has requested that Aleksandar Aleksic, attorney at law from Serbia, be assigned to him as his defence counsel;

CONSIDERING that Mr Aleksic is not on the Tribunalís list of counsel eligible for assignment to indigent suspects and accused and that the Registry is unable to determine whether he is eligible for inclusion on that list before the Accusedís initial appearance;

CONSIDERING that the Accusedís rights under the Statute, Rules and Directive must be protected until he retains permanent counsel or has counsel assigned to him pursuant to Rule 45 of the Rules and that Rule 62(B) of the Rules enables the Registrar to assign duty counsel for this purpose;

CONSIDERING that Ms Chrissa Loukas, Barrister from Australia, is on the list of "duty counsel" envisaged in Rule 45(C) of the Rules, and has agreed to represent the Accused at his initial appearance;

HEREBY DECIDES to assign Ms Loukas as duty counsel to represent the Accused at his initial appearance, and in such other matters as may be necessary until a permanent counsel is assigned, effective as of the date of this decision.

 

John Hocking
Deputy Registrar

Dated this twenty-eighth day of April 2005
At The Hague,
The Netherlands.