Case No. IT-04-82-PT

Prosecutor v. Johan Tarculovski

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, 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 6, 7, 8, 11(B) and 14 thereof;

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

CONSIDERING that Johan Tarculovski ("Accused") was transferred to the seat of the Tribunal on 16 March 2005 and that on 29 March 2005 he applied for the assignment of Tribunal-paid counsel on the basis that he does not have sufficient means to remunerate counsel;

CONSIDERING that on 30 March 2005, acting pursuant to Article 11(B) of the Directive, the Deputy Registrar assigned Mr. Antonio Apostolski, attorney at law from Belgrade, Serbia and Montenegro, as counsel to the Accused for a period of 120 days, determining that an interim assignment of counsel was necessary to ensure that the Accused’s right to counsel was not affected while the Registry examines his ability to remunerate counsel;

CONSIDERING that the Registry is conducting an inquiry into the Accused’s ability to remunerate counsel and that those inquiries are not yet complete;

CONSIDERING that it is necessary, in order to ensure that the Accused’s right to counsel is not affected while the Registry conducts its inquiry, to continue the assignment of Mr Apostolski on an interim basis;

HEREBY DECIDES to extend the assignment of Mr Apostolski for an additional period of 120 days, effective as of 28 July 2005.

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John Hocking
Deputy Registrar

Dated this thirty-first day of October 2005
At The Hague,
The Netherlands.