Case No. IT-04-74-PT

Prosecutor v. Prlic et al.



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 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 14, and 16(C) thereof;

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

NOTING that on 5 April 2004, the day he surrendered to the Tribunal, Jadranko Prlic ("Accused") informed the Registry that he would not apply for Tribunal legal aid and that he had retained Messrs. Camil Salahovic and Zelimir Par, Attorneys at Law from Croatia, as counsel to represent him before the Tribunal;

CONSIDERING that on 30 September 2004, the Accused submitted a declaration of means to the Registry of the Tribunal, applying for the assignment of Tribunal-paid counsel on the basis that he did not have sufficient means to remunerate counsel;

CONSIDERING that on 4 August 2005, having found the Accused partially indigent, the Registry assigned Mr. Michael Karnavas, Attorney at Law from the United States, as counsel to the Accused permanently, effective as of 11 April 2005;

CONSIDERING that on 15 August 2005, Mr. Karnavas requested the assignment of Ms. Suzana Tomanovic, Attorney at Law from Brcko, as co-counsel to the Accused;

NOTING that Ms. Tomanovic has been acting as the Accusedís co-counsel pursuant to Rule 44 of the Rules since 12 April 2005;

CONSIDERING that on the basis of Article 16(C) of the Directive, the Registrar may upon a request of lead counsel, assign a second counsel when it is in the interests of justice to do so;

CONSIDERING that Ms. Tomanovic is on the Registryís list of counsel eligible for assignment to indigent suspects and accused;

NOTING that Ms. Tomanovic was assigned as co-counsel in the Prosecutor v. Blagojevic et al., Case No. IT-02-60-PT, until she was withdrawn by the Deputy Registrarís Decision on 25 February 2005;

CONSIDERING that the Registry has ascertained that no conflict of interest exists between Ms. Tomanovicís former representation of Mr. Blagojevic and her representation of the Accused;

CONSIDERING that the Registry is of the view that Ms. Tomanovicís former assignment in the Blagojevic case and her assignment to the Accused will not prejudice the defence of either Mr. Blagojevic or the Accused;

HEREBY DECIDES to assign Ms. Suzana Tomanovic as co-counsel to the Accused, effective as of 12 April 2005.

John Hocking
Deputy Registrar

Dated this 15th day of September 2005
At The Hague,
The Netherlands.