Case No. IT-02-64-I

Prosecutor v. Borovcanin



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 Mr Ljubomir Borovcanin ("Accused") was transferred to the seat of the Tribunal on 1 April 2005, and that his initial appearance is scheduled for 7 April 2005;

CONSIDERING that the Accused is not currently represented by counsel and has informed the Registry that he will apply for Tribunal legal aid;

CONSIDERING that the Accused’s 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 Colleen Rohan, Attorney at law from the United States of America, 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 Rohan 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.

Hans Holthuis

Dated this sixth day of April 2005
At The Hague,
The Netherlands.