Case No. IT-04-83-PT

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Hans Holthuis

Decision:
22 April 2005

PROSECUTOR

v.

RASIM DELIC

________________________________________________

DECISION ON MOTION SEEKING REVIEW OF THE DECISION OF THE REGISTRY AND ASSIGNMENT OF MR. ASIM CRNALIC AS LEAD COUNSEL

________________________________________________

The Office of the Prosecutor:

Mr. Daryl Mundis
Ms. Tecla Henry-Benjamin
Ms. Marie Tuma

Counsel for the Accused:

Mr. Stéphane Bourgon

 

THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991 ("International Tribunal"),

BEING SEISED OF a confidential "Motion Seeking Review of the Decision of the Registry and Assignment of Mr. Asim Crnalic as Lead Counsel” filed by Rasim Delic (“Accused”) on 24 March 2005 (“Motion”), whereby the Accused seeks review of a Registry’s Decision refusing to appoint Mr. Asim Crnalic as Lead Counsel to represent the Accused, and “…an order addressed to the Registrar to assign Mr. Asim Crnalic as Lead Counsel to represent the Accused",1

NOTING that, on 10 March 2005, the Registry informed the Accused that it was unable to assign Mr. Asim Crnalic as lead counsel to represent him because (1) Mr. Crnalic does not speak a working language of the Tribunal, and (2) he is not currently a member of the Association of Defence Counsel practising before the International Tribunal, and, even if he were to acquire such membership, Mr Crnalic would still not qualify for assignment due to his lack of knowledge of a working language of the Tribunal,

NOTING that, in support of his request, the Accused argues that the Trial Chamber has jurisdiction to grant the relief sought because, he says, it is unclear "…whether the decision of the Registry is a refusal to assign counsel or a refusal to be admitted on the list of counsel",2

CONSIDERING that Rule 45 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") specifies that counsel shall be assigned to an indigent accused, in accordance with the procedure established by the Directive,

CONSIDERING that, pursuant to Rule 45(B) of the Rules and Article 14 of the Directive on Assignment of Defence Counsel ("Directive"), the Registrar keeps a list of counsel who may be eligible to represent indigent accused provided they speak either of the working languages of the International Tribunal, possess reasonable experience in criminal or international law, and have indicated a willingness to be assigned by the International Tribunal to represent such indigent accused before the International Tribunal,

CONSIDERING that, Rule 44(B) of the Rules provides that, at the request of an accused, and where the interests of justice so demand, the Registrar may admit a counsel who does not speak either of the working languages of the International Tribunal but who speaks the native language of the accused, and "…[ an] accused may seek the President’s review of the Registrar’s decision",

CONSIDERING that the Registrar’s decision of 10 March only concerns the qualifications of Mr Crnalic, which is unrelated to the question whether the accused meets the criteria for indigence,

CONSIDERING therefore, that, where, as in this case, the power of review of the Registrar’s decision is specifically conferred upon the President by the Rules, the Trial Chamber may not intervene,3

CONSIDERING that, while the Motion was filed confidentially, there is no reason provided to justify a confidential status,

PURSUANT TO Rules 44 and 54 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY DISMISSES the Motion.

__________________
Judge Patrick Robinson
Presiding

Dated this twenty-second day of April 2005
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Motion, para. 7.
2. Ibid, para. 14.
3. Prosecutor v. Blagojevic, "Public and Redacted Reason for Decision on Appeal by Vidoje Blagojevic to Replace his Defence Team”, Case No. IT-02-60-AR73.4, 7 November 2003, para. 7.