Case No IT-04-80-I

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

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);

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);

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

CONSIDERING that Mr Milan Gvero ("Accused") was transferred to the seat of the Tribunal on 24 February 2005, and that his initial appearance is scheduled for 2 March 2005;

CONSIDERING that the Accused has requested the assignment of Mr Tomislav Visnjic, attorney at law from Belgrade, but the Registry has assessed that such an assignment would conflict with Mr Visnjic’s previous and current assignments before the Tribunal;

CONSIDERING that the Accused was duly informed of the Registry’s position regarding the existing conflict in a letter dated 28 February 2005;

CONSIDERING 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;

NOTING that according to Rule 45(C) of the Rules, the Registry keeps a list of counsel who, in addition to fulfilling the qualification requirements under the Rules and the Directive, are readily available as duty counsel for assignment to an accused for the purpose of the initial appearance;

CONSIDERING that Mr Steven Powles, attorney at law from London, is on the list of duty counsel and has agreed to represent the Accused at his initial appearance;

HEREBY DECIDES to assign Mr Powles 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.

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John Hocking
Deputy Registrar

Dated this second day of March 2005
At The Hague,
The Netherlands.