Case No. IT-95-13/1-PT
IN TRIAL CHAMBER II
Before:
Judge Carmel Agius, Presiding
Judge Jean Claude Antonetti
Judge Kevin Parker
Registrar:
Mr. Hans Holthuis
Decision of:
30 March 2004
PROSECUTOR
v.
MILE MRKSIC
MIROSLAV RADIC
VESELIN SLJIVANCANIN
______________________________________________
DECISION ON MRKSIC DEFENCE REQUEST FOR REVIEW OF THE REGISTRAR’S DECISION OF 6 OCTOBER 2003
______________________________________________
The Office of the Prosecutor:
Mr. Jan Wubben
Counsel for the Accused Mile Mrksic:
Mr. Miroslav Vasic
Counsel for the Accused Miroslav Radic:
Mr. Borivoje Borovic
Ms. Mira Tapuskovic
Counsel for the Accused Veselin Sljivancanin:
Mr. Novak Lukic
Mr. Momcilo Bulatovic
TRIAL CHAMBER II ("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 ("Tribunal"),
BEING SEISED of a confidential and ex parte "Defence Request for Review of the Registrar’s Decision",1 filed on 17 October 2003 ("Motion"), in which the Accused Mile Mrksic ("Mrksic") requests the Trial Chamber:
NOTING that the Registrar’s Decision was taken in response to a request submitted by Mrksic to upgrade his case to Level III ("Request"), filed on 12 September 2003;
NOTING that, in the Motion, Mrksic argues that the Registrar of the Tribunal ("Registrar") has erroneously considered the "Request" as a request for additional allotment of counsel hours when its purpose was in fact to have the level of the case upgraded from the first level of complexity ("Level I") to Level III;2
CONSIDERING that the Registrar has the primary responsibility in the determination of matters relating to the remuneration of counsel under the legal aid system of the Tribunal;3
CONSIDERING that under the Tribunal’s legal aid system, the Registrar establishes a maximum sum of working hours allotted to the defence for the pre-trial stage, which is determined in accordance with the level of complexity of the case;4
CONSIDERING that the Registrar has ranked the Mrksic case at Level I and has allocated 1400 working hours at counsel rate and 2000 working hours for support staff members, which is the maximum allotment for Level I cases to be ready for trial;5
CONSIDERING that pursuant to Article 22 (A) of the Directive on Assignment of Defence Counsel ("Directive"), in the event of disagreement on the maximum allotment, the Registrar shall make a decision after consulting the Chamber and, if necessary, the Advisory Panel;
CONSIDERING that, in the view of the Trial Chamber, the Motion falls directly within the terms of Article 22 (A) of the Directive and that the procedure provided therein instructs the Registrar to consult with the Trial Chamber in the event of disagreement on the maximum sum allotted;
CONSIDERING that on 2 October 2003 the Registrar informally communicated with the legal staff of the Trial Chamber with respect to the upgrading of the Mrksic case and stated that the Registrar had ranked the Mrksic case at second level of complexity ("Level II");
CONSIDERING that the Mrksic case is still officially ranked by the Registrar at Level I;
CONSIDERING further, that during the Status Conference dated 16 February 2004, counsel for Mrksic appears to have varied the request by stating that the Mrksic case should be upgraded to Level II;6
CONSIDERING that before the Trial Chamber can proceed any further this aspect needs to be clarified;
FOR THE FOREGOING REASONS
PURSUANT TO Rule 54 of the Rules of Procedure and Evidence,
HEREBY DIRECTS Mrksic to clarify whether he requests that the level of complexity of the Mrksic case be upgraded to Level II or Level III; and subsequently DIRECTS the Registrar to consult with the Trial Chamber, in order for the Registrar to take a decision pursuant to Article 22 (A) of the Directive.
Done in French and English, the English version being authoritative
Dated this 30th day of March 2004,
At The Hague
The Netherlands
______________
Carmel Agius
Presiding Judge
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