Firstly, the Registrar asserted that he had allocated to the Defence team the resources which were “reasonably necessary to ensure an effective and efficient defence.” In support of this assertion the Registrar said that it granted additional resources upon a formal request submitted by Mr. Jean Flamme and that any additional requests must be made formally. The Registrar also noted that the withdrawal of the former counsel was not due to “a lack of means” and the Registry never had a “conflictual relationship” with counsel.

Secondly, the Registrar focused on the efforts it made to secure Ms. Mabille’s appointment as counsel. The Registrar asserted that it responded promptly to Mr. Lubanga’s requests to consult the files on potential candidates for Counsel and that the Registry’s staff went twice to the detention centre to hear Mr. Lubanga’s concerns and to inform him of his rights under the Court’s legal assistance scheme. Upon Mr. Lubanga’s decision to appoint Ms. Mabille the Head of Divisions of Victim and Counsel immediately contacted her and informed her of her appointment and various conditions of her appointment and available resources under regulation 83(3) Regulations of the Court.

Thirdly, the Registrar pointed out that it exercised due diligence in addressing Ms. Mabille’s conditions upon her appointment. On this point, the Registry reiterated that, without her formal acceptance of the appointment, it was an inappropriate time to decide on her conditions. The Registry emphasised that it would ensure effective and efficient representation in accordance with the court’s legal assistance scheme. The Registrar made it clear that the legal assistance scheme paid by the Court was his responsibility alone and Chambers was permitted to intervene only when the facts demonstrate that the Registrar’s decisions were unreasonable and impacted the fairness of the trial.

The Registrar requested the Presidency to state that requests for additional means under the scheme paid by the Court could not be examined at this stage of the proceedings when Counsel had not yet accepted the appointment and to invite Counsel appointed by Mr. Lubanga to comply forthwith with the applicable procedure and confirm her appointment without delay.

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