Case No. IT-05-88-PT

The Prosecutor v. Ljubisa Beara



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, and in particular Rule 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 14 and 16 thereof;

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

CONSIDERING that on 11 November 2004, the Deputy Registrar assigned Mr John Ostojic, attorney at law from the United States, as counsel to the accused Ljubisa Beara ("Accused") for a period of 120 days pending the completion of the Registry’s inquiry into the Accused’s ability to remunerate counsel;

CONSIDERING that on 18 April 2005, the Deputy Registrar issued a decision finding that the Accused was able to remunerate counsel in part and assigning Mr Ostojic as his counsel permanently;

CONSIDERING that Mr Ostojic has requested that the Registry assign Mr Christopher Meek and Mr Nebojsa Mrkic, attorneys at law from the United States and Serbia and Montenegro respectively, as his co-counsels;

CONSIDERING that Mr Mrkic is not on the Tribunal’s list of counsel eligible for assignment to indigent suspects and accused ("Rule 45 list") and is therefore ineligible for assignment;

CONSIDERING that Mr Meek is on the Rule 45 list and has indicated his willingness to be assigned as co-counsel in the Accused’s case;

CONSIDERING that Mr Meek is currently assigned co-counsel in the case of Mladen Naletilic (IT-98-34-A);

CONSIDERING that Mr Naletilic and the Accused have consented in writing to Mr Meek being assigned in both of their cases as required by Article 16(E)(i) of the Directive;

CONSIDERING that the Registry has ascertained that no conflict of interest exists between Mr Meek’s representation of Mr Naletilic and his representation of the Accused and that the Registry has determined that Mr Meek’s representation of both Mr Naletilic and the Accused will not prejudice the defence of either Mr Naletilic or the Accused;

CONSIDERING that, having reviewed the submissions of Mr Ostojic, the Registry is of the view that in the Accused’s case it is in the interests of justice to assign Mr Meek as co-counsel;

HEREBY DECIDES to assign Mr Meek as co-counsel to Mr Ostojic, effective as of the date of this decision.


John Hocking
Deputy Registrar

Dated this 3rd day of April 2006
At The Hague
The Netherlands.