Einde inhoudsopgave
Rules of procedure and evidence ICTY
Rule 45 Assignment of Counsel
Geldend
Geldend vanaf 22-09-2006
- Redactionele toelichting
Bron: www.un.org
- Bronpublicatie:
13-09-2006, Internet 2006, www.un.org (uitgifte: 13-09-2006, kamerstukken/regelingnummer: -)
- Inwerkingtreding
22-09-2006
- Bronpublicatie inwerkingtreding:
13-09-2006, Internet 2006, ww.un.org (uitgifte: 13-09-2006, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Internationale tribunalen
(A)
Whenever the interests of justice so demand, counsel shall be assigned to suspects or accused who lack the means to remunerate such counsel. Such assignments shall be treated in accordance with the procedure established in a Directive set out by the Registrar and approved by the permanent Judges.
(B)
For this purpose, the Registrar shall maintain a list of counsel who:
- (i)
fulfil all the requirements of Rule 44, although the language requirement of Rule 44 (A)(ii) may be waived by the Registrar as provided for in the Directive;
- (ii)
possess established competence in criminal law and/or international criminal law/international humanitarian law/international human rights law;
- (iii)
possess at least seven years of relevant experience, whether as a judge, prosecutor, attorney or in some other capacity, in criminal proceedings; and
- (iv)
have indicated their availability and willingness to be assigned by the Tribunal to any person detained under the authority of the Tribunal lacking the means to remunerate counsel, under the terms set out in the Directive.
(C)
The Registrar shall maintain a separate list of counsel who, in addition to fulfilling the qualification requirements set out in paragraph (B), are readily available as ‘duty counsel’ for assignment to an accused for the purposes of the initial appearance, in accordance with Rule 62.
(D)
The Registrar shall, in consultation with the permanent Judges, establish the criteria for the payment of fees to assigned counsel.
(E)
Where a person is assigned counsel and is subsequently found not to be lacking the means to remunerate counsel, the Chamber may, on application by the Registrar, make an order of contribution to recover the cost of providing counsel.
(F)
A suspect or an accused electing to conduct his or her own defence shall so notify the Registrar in writing at the first opportunity.