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Rules of Procedure and Evidence - February 2012

Rules of Procedure and Evidence - February 2012

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Published by: Special Tribunal for Lebanon on Mar 09, 2012
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Assignment of Counsel

(A) Whenever the interests of justice so demand, the Head of Defence Office shall assign

counsel to a suspect or an accused who lacks the means to remunerate such counsel. Such

assignments shall be treated in accordance with the procedure established in the Directive

on the Assignment of Defence Counsel adopted by the Head of Defence Office and

approved by the Plenary.

(B) The Head of Defence Office shall maintain a list of counsel who:

(i)

fulfil all the requirements of Rule 58(A);

(ii) possess established competence in criminal law and/or international criminal law,

or other relevant competence;

(iii) for purposes of assignment as lead counsel and co-counsel, possess at least ten

years and seven years of relevant experience respectively, whether as a judge,

prosecutor, attorney or in some other relevant capacity; 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

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remunerate counsel under the terms set out in the Directive on the Assignment of

Defence Counsel.

(C) Before counsel may be admitted to the list, they shall be interviewed by an admission

panel which shall decide whether they fulfil the conditions for admission. The decision of

the admission panel may be subject to review, at the request of counsel, by the President.

(D) A suspect or accused has the right to be represented by any counsel properly admitted to

the list, except insofar as such representation would not ensure the combined language

abilities required for fair and expeditious proceedings. A suspect or accused who has been

denied his choice of counsel from the list may ask for a review of the decision by the

President. (amended 30 October 2009 and 10 November 2010)

(E) Where a person is assigned counsel and is subsequently found able to properly

remunerate counsel, a Chamber may, on application by the Head of Defence Office and

after hearing the views of the Registrar, make an order of contribution to recover the cost

of providing counsel. (amended 30 October 2009)

(F) A suspect or an accused electing to conduct his own defence shall so notify, in writing,

the Pre-Trial Judge or a Chamber of his election. The Pre-Trial Judge or a Chamber may

impose counsel to represent or otherwise assist the accused in accordance with

international criminal law and international human rights where this is deemed necessary

in the interests of justice and to ensure a fair and expeditious trial.

63

Section 8: Misconduct

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