[1] IT/73/Rev.11, 11 July 2006.

[2] The Appeals Chamber notes that Pavković’s statement that payment on appeal is made on an hourly basis (Reply to the Registry’s Submission, para. 5) is therefore not entirely correct, as the applicable system implies the remuneration for validly billed hours of work within a maximum allotment (see Registry’s Submission, Annex VI).

[3] The Appeals Chamber notes that in the history of the Tribunal, only two cases on appeal were considered to be “Level 2” and none has so far been qualified as “Level 3”.

[4] E.g. Prosecutor v. Milan Milutinović et al., Case No. IT-99-37-AR73.2, Decision on Interlocutory Appeal on Motion for Additional Funds, 13 November 2003 (“Decision of 13 November 2003”), para. 19.

[5] Cf. Decision of 13 November 2003, para. 22, referring to Article 9(C) of the Code of Professional Conduct for Counsel Appearing Before the International Tribunal, IT/125 Rev. 1, 12 July 2002. The Appeals Chamber notes that the current version of the said document as amended on 22 July 2009 and promulgated on 6 August 2009, IT/125 Rev. 3 (“Code of Conduct”) contains the same provision.

[6] Letter to OLAD. See also, Reply to the Registry’s Submission [General Pavković’s Reply to Registry Submission Pursuant to Rule 33(B) Concerning General Pavković’s Motion for Stay of Proceedings Pending Action by the Registrar, 26 February 2010], paras 3-5.

[7] See Registry’s Submission substantiating the assignment procedure of Pavković’s Counsel, including the appeal proceedings and the fact he was expressly notified that “in the event [Pavković] (or the Prosecution) wished to file an appeal, the appeal phase would be preliminary ranked at level 1 complexity pending further information from Mr. Ackerman and consultation with the Appeals Chamber” (para. 7). Having represented Pavković for almost a year in these appeal proceedings on this basis and with an upgraded level of complexity, and accepted full payment for counsel and support staff hours, Pavković’s Counsel cannot plausibly argue that he has never been assigned to represent his client on appeal in full awareness of the remuneration schemes (paras 4-16; Annex I-IV). See also, Directive [Directive on Assignment of Defence Counsel, IT/73/Rev.11, 11 July 2006], Articles 16(B) and 16(C).

[1] Decision on the Registry’s Request for Observations Regarding Preparation of the Notice of Appeal, 4 May 2016, p. 1 (“the Registry has the primary responsibility in the determination of matters relating to remuneration of counsel”); Nyiramasuhuko et al. Decision [The Prosecutor v. Pauline Nyiramasuhuko et al., Case No. ICTR-98-42-A, Decision on Ntahobali’s Request for Review of Registrar’s Decisions, 21 February 2014 (confidential and ex parte), public redacted version issued on 23 May 2016], para. 17; Tolimir Decision [Prosecutor v. Zdravko Tolimir, Case No. IT-05-88/2-AR73.2, Decision on Zdravko Tolimir’s Appeal Against the Decision of Trial Chamber II on the Registrar’s Decision Concerning Legal Aid, 12 November 2009 (confidential and ex parte), public redacted version filed on 28 February 2013], paras. 8, 9 and referenced cited therein.

[2] See Article 19 of the Statute of the Mechanism (“Statute”). See also Nyiramasuhuko et al. Decision, para. 14; Prosecutor v. Nikola Šainović et al., Case No. IT-05-87-A, Decision on Nebojša Pavković’s Motion for Stay of Proceedings, 2 March 2010, para. 12; In Re. André Ntagerura, Case No. ICTR-99-46-A28, Decision on Motion for Leave to Appeal the President’s Decision of 31 March 2008 and the Decision of Trial Chamber III Rendered on 15 May 2008, 11 September 2008, para. 12.

[3] Nyiramasuhuko et al. Decision, para. 21 (“[t]he Appeals Chamber is of the view that judicial economy is best served in the particular circumstances of this case by disposing of the merits of this part of the Request for Review rather than remitting the matter to the Registrar”).

[4] Article 19(4)(d) of the Statute. See also Rule 43 of the Rules of Procedure and Evidence of the Mechanism.

[5] Directive [Directive on the Assignment of Defence Counsel, MICT/5, 14 November 2012], Article 1. The Appeals Chamber also recalls that, under Articles 6(B) and 6(C) of the Directive, an accused who lacks the means to remunerate counsel shall have the right to have counsel assigned to him and paid for by the Mechanism and that, for an accused who has the means to partially remunerate counsel, the Mechanism shall pay that portion of his defence costs which the accused does not have sufficient means to cover, as determined in accordance with the Registry Policy for Determining the Extent to which an Accused is able to Remunerate Counsel.

[6] UN Guidelines on Access to Legal Aid, para. 41(e).

[7] Prlić et al Decision [Prosecutor v. Jadranko Prlić et al., Public Redacted Version of the 25 July 2013 Decision on Slobodan Praljka’s Motion for Review of the Registrar’s Decision on Means, 28 August 2013], para. 35; Kvočka et al. Decision [Prosecutor v. Miroslav Kvočka et al., Case No. IT-98-30/1-A, Decision on Review of Registrar’s Decision to Withdraw Legal Aid from Zoran Žigić, 7 February 2003], para. 12.