Case No. IT-04-83-I

Prosecutor v. Rasim Delic



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 Rasim Delic ("Accused") was transferred to the seat of the Tribunal on 28 February 2005, and that his initial appearance is scheduled for 3 March 2005;

CONSIDERING that the Accused has indicated to the Registry that he will apply for Tribunal legal aid and has requested that the Registry assign Mr Asim Ćrnalic, attorney at law from Bosnia and Herzegovina, as counsel to him;

CONSIDERING that Mr Crnalic is not eligible for assignment as counsel to indigent suspects or accused under Rule 45 of the Rules and that the Accused has been informed as such;

CONSIDERING that in lieu of assigning Mr Crnalic, the Accused requested the Registry to assign Mr Stéphane Bourgon, Attorney at law from Canada, as counsel to him;

CONSIDERING that Mr Bourgon is representing Mr Enver Hadzihasanovic before the Tribunal and that Mr Hadžihasanovic’s case is currently in trial;

CONSIDERING THEREFORE that it is necessary for the Registry to examine whether there may be conflicts of interest or scheduling conflicts between Mr Bourgon’s representation of Mr Hadžihasanovic and his possible permanent representation of the Accused;

CONSIDERING HOWEVER that the Registry has been unable to fully examine these issues and will not be able to do so before the Accused’s initial appearance;

CONSIDERING FURTHER 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) enables the Registrar to assign duty counsel for this purpose;

CONSIDERING that Mr Bourgon is eligible for assignment under Rules 45 and 62(B) of the Rules and that he has consented to represent the Accused for the purposes of the initial appearance;

WITHOUT PREJUDICE to the Registry’s ongoing consideration of Mr Bourgon’s permanent assignment which will be determined in accordance with the relevant provisions of the Statute, Rules and Directive;

HEREBY DECIDES to assign Mr Bourgon as 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 second day of March 2005
At The Hague,
The Netherlands.