Case No. IT-95-13/1-PT

Prosecutor v. Miroslav Radic



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 (hereinafter "the Rules") 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 (hereinafter "the Directive"), as adopted by the Tribunal on 28 July 1994, as subsequently amended, and in particular, Articles 8, 10 and 11(A) (ii) and 18 thereof;

CONSIDERING that Mr. Miroslav Radic (hereinafter "the accused") requested on 5 May 2003 that Mr. Borivoje Borovic, attorney at law from Belgrade, be assigned as his defence counsel;

CONSIDERING that on 4 July 2003 Mr. Borovic submitted a request that Ms. Mira Tapuskovic, attorney at law from Belgrade, be assigned as co-counsel for the accused;

CONSIDERING the decisions of the Registrar dated 15 July 2003 temporarily assigning Mr. Borovic and Ms. Tapuskovic respectively as lead counsel and co-counsel for the accused for a period of 120 days in order to secure the rights of of the accused pending the determination of the accused’s financial status according to Article 11(B) of the Directive;

CONSIDERING that in accordance with his declaration of means dated 5 June 2003, the accused resides with his wife and his two sons, Jovica of 17 and Nenad of 15 years of age, in a 61-square meter flat owned by the accused in Belgrade and valued by the Registry, according to an expert opinion provided by the accused’s counsel, at 54.900 €;

CONSIDERING that based on the information submitted by the authorities of Serbia and Montenegro, the accused is receiving a monthly pension of 192 €;

CONSIDERING that the wife of the accused is employed as a Judge of the Fifth Municipal Court in Belgrade and receives a monthly salary of approximately 425 € according to the authorities of Serbia and Montenegro;

CONSIDERING that based on the documents examined by the Registry, the accused is partially indigent and has the means to pay the costs of his defence to a limited extent;

CONSIDERING FURTHER the right of the accused to an effective defence before the International Tribunal;

DECIDES without prejudice to Article 18 of the Directive, to confirm the assignment of Mr. Borivoje Borovic and Ms. Mira Tapuskovic respectively as lead counsel and co-counsel for the accused on the same conditions set forth by the Registrar in his decision dated 15 July 2003;

DECIDES in light of the foregoing and in accordance with the Directive that, except for the costs cited in the following paragraph, the expenses referred to in Article 22 (B) of the Directive, as well as the remuneration, travel expenses and daily allowances paid to assign counsel referred to in Articles 23, 26 and 27 of the Directive will be met by the Tribunal;

DECIDES in accordance with the assessment of the Registry, the costs associated with two hundred and twenty three hours (223) of investigative and legal assistance work at the pre-trial stage shall be borne by the accused, and therefore this amount will be deducted from the allotment provided for by the Registry under the current payment system, effective as of the day of this decision.

Hans Holthuis

Dated this seventh day of October 2003
At The Hague
The Netherlands