Case No. IT-99-36-R77

Prosecutor v. Radoslav Brdanin


CONSIDERING the Statute of the Tribunal as adopted by the Security Council under Resolution 827 (1993), and in particular Article 21 thereof;

CONSIDERING 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;

CONSIDERING the Directive on Assignment of Defence Counsel ("the Directive"), as subsequently amended in particular Articles 6, 8, 10, 11(A)(ii), 14 and 18 thereof;

CONSIDERING the Trial Chamberís "Order Instigating Proceedings Against Milka Maglov" dated 8 May 2003 by which the Trial Chamber ordered the Registry to appoint an amicus curiae to prosecute Ms. Milka Maglov (hereinafter the "Respondent") for contempt pursuant to Rule 77(D)(ii) of the Rules;

CONSIDERING that at the Initial Appearance held on 4 December 2003, the Respondent indicated that she would represent herself in the proceedings against her;

CONSIDERING that on 8 February 2004 the Respondent requested the assignment of her daughter, Ms. Marela Jevtovic, as her legal assistant;

CONSIDERING that on 16 February 2004, Ms. Jevtovic signed an undertaking by which she agreed to act as a pro bono legal assistant to assist the Respondent in the preparation of her defence;

CONSIDERING that on 16 February 2004, the Respondent chose to claim legal aid and submitted a Declaration of Means to the Registry pursuant to Article 8 of the Directive, on the basis that she does not have sufficient means to remunerate counsel;

CONSIDERING further that on 16 February 2004, the Respondent indicated that she would temporarily waive the right to assigned counsel to allow the proceedings to continue without interruption pending a decision of the Registry on assignment of counsel;

CONSIDERING that pursuant to Article 8(B) of the Directive, in order to assess the Respondentís ability to remunerate counsel, the Registry has identified means of which the Respondent has direct or indirect enjoyment or freely disposes, as well as means of the Respondentís spouse, as specified in the Confidential Appendix to the present Decision;

CONSIDERING that, in view of the value of those means, and taking into account other relevant factors as indicated in the Confidential Appendix, the Respondent is able to cover up to $106,044 US of the costs of her legal representation in the present proceedings;

CONSIDERING that the Registry estimates that the expenses related to the defence in these proceedings are substantially less than the costs the Respondent is able to meet;

DECIDES that in light of the foregoing and in accordance with Article 11(A)(iii) of the Directive, the Respondent has sufficient means to remunerate counsel and is not entitled to assignment of counsel paid for by the Tribunal.

David Tolbert
Deputy Registrar

Made this nineteen day of February 2004
The Hague
The Netherlands