Right to duty counsel

Notion(s) Filing Case
Appeal Judgement - 23.05.2005 KAJELIJELI Juvénal

245. […] Rule 44bis of the Rules clearly obliges the Registrar to provide a detainee with duty counsel, with no prejudice to the accused’s right to waive the right to counsel. It constitutes a violation of Rule 44bis of the Rules and provision 10bis of the Directive on the Assignment of Defence Counsel not to assign duty counsel, in spite of ongoing efforts to assign counsel of choice in light of the outstanding initial appearance. Also, the wording of Rule 44bis(D) is sufficiently clear (“unrepresented at any time”) to find that such a duty exists from the very moment of transfer to the Tribunal and is not confined to purposes of the initial appearance only.

Download full document
ICTR Rule Rule 44 bis