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Victims' Rights and Advocacy at the International Criminal Court$

T. Markus Funk

Print publication date: 2015

Print ISBN-13: 9780199941469

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780199941469.001.0001

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(p.303) Appendix III Selected Regulations of the Registry [Chapters 3 & 4]

(p.303) Appendix III Selected Regulations of the Registry [Chapters 3 & 4]

Source:
Victims' Rights and Advocacy at the International Criminal Court
Publisher:
Oxford University Press

Chapter 3 Responsibilities of the Registrar Relating to Victims and Witnesses

Section 1 Assistance to Victims and Witnesses

Regulation 79 General provisions

  1. 1. Pursuant to article 43, paragraph 6, and rules 16, 17 and 18, the Registrar shall develop and, to the extent possible, implement policies and procedures to enable witnesses to testify in safety, so that the experience of testifying does not result in further harm, suffering or trauma for the witnesses.

  2. 2. The Registrar shall exercise his or her functions regarding witnesses, victims who appear before the Court and persons at risk with no distinction of any kind, whether of gender, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.

Regulation 80 Services to victims and witnesses

  1. 1. In order to receive services provided by the Registry, the Prosecutor and counsel shall complete a form requesting the provision of services. Such services may also be requested proprio motu by a Chamber. The Registry may request from the Prosecutor and counsel any additional information necessary for the provision of services.

  2. 2. Services such as relocation, assisted move, accompanying support persons, dependent care, extraordinary allowances for lost earnings and clothing allowances shall be provided on a case-by-case basis, in accordance with an assessment made by the Registry.

(p.304) Regulation 81 Travel

  1. 1. The Registry shall arrange transportation for witnesses, victims who appear before the Court and persons at risk and where applicable dependants of all such persons in accordance with regulation 90, and accompanying support persons who, pursuant to an order of a chamber, need to travel in order to appear before the Court. The Registry may also arrange such transportation for support or protection-related purposes.

  2. 2. The mode of transport shall be determined on a case-by-case basis, having regard to protection, safety and health considerations.

  3. 3. Unless otherwise justified for support or protection reasons, travel shall be based on:

    1. (a) An economy class return trip by the shortest route, subject to prior authorisation by the Registry; or

    2. (b) The practice of the Court for staff members for all other means of transport.

Regulation 82 Accommodation

  1. 1. Where required for the purposes of the Court and for such time as is necessary, the Court shall provide appropriate full board and accommodation in locations selected by the Registry for witnesses, victims who appear before the Court, persons at risk, and where applicable dependants of all such persons in accordance with regulation 90, and accompanying support persons.

  2. 2. Witnesses and victims who appear before the Court who have chosen not to accept full board and accommodation provided by the Court shall only receive an incidental allowance in accordance with regulation 84 and an attendance allowance in accordance with regulation 85.

Regulation 83 Support programme

  1. 1. The Registry shall develop a support programme, which shall also apply in the field, in order to provide psychological and social assistance and advice to witnesses, victims who appear before the Court, the dependants (p.305) of all such persons, accompanying support persons and persons at risk at the earliest stage possible.

  2. 2. In addition, the support programme shall provide, where appropriate, and for the duration of their stay at the seat of the Court or at the site of its judicial proceedings, appropriate assistance to witnesses, victims who appear before the Court and, where applicable the dependants of all such persons in accordance with regulation 90, and accompanying support persons.

Regulation 84 Incidental allowance

  1. 1. An incidental allowance for personal expenses may be provided to witnesses, victims who appear before the Court, persons at risk, and where applicable dependants of all such persons in accordance with regulation 90, and accompanying support persons who need to spend at least one night outside of their place of residence at any stage of their journey.

  2. 2. The amount of the incidental allowance shall be determined by the Registrar and shall be reviewed annually. The Registrar shall publish the table of the rate of incidental allowance yearly on the website of the Court.

  3. 3. The provision shall not apply to persons appearing before the Court who receive an allowance from the Court other than by virtue of regulations 85 and 86.

Regulation 85 Attendance allowance

  1. 1. Witnesses, victims who appear before the Court and accompanying support persons may be provided with an attendance allowance as compensation for wages, earnings and time lost as a result of their absence from their place of residence in connection with the appearance before the Court. Witnesses, victims who appear before the Court and accompanying support persons shall not be required to submit a request or any supporting documentation in order to receive the attendance allowance.

  2. 2. The daily minimum wage rate shall be determined by dividing:

    1. (a) The annual salary of the staff of the Court at the General Services, step 1 level 1 in the country in which the person is residing at the time he or she appears before the Court; by

    2. (b) The number of days per year.

  3. (p.306) 3. The attendance allowance shall be calculated by multiplying:

    1. (a) A percentage rate of the daily minimum wage rate applicable for the staff of the Court in the country in which the person is residing at the time he or she appears before the Court. The percentage shall be determined by the Registrar and shall be reviewed annually. The Registrar shall publish yearly on the website of the Court the table of the rate of attendance allowance; by

    2. (b) The number of days the person is required at the seat of the Court or where proceedings are held, including travel days. For the purpose of calculating the attendance allowance, a part of a day used in connection with the court appearance shall be considered a full day.

Regulation 86 Extraordinary allowance for lost earnings

  1. 1. The Registrar may provide an extraordinary allowance for lost earnings for witnesses, victims who appear before the Court and accompanying support persons who suffer undue financial hardship as a result of being absent from legal income earning activities for the purposes of the Court.

  2. 2. Witnesses, victims who appear before the Court and accompanying support persons shall submit their request accompanied by any supporting documentation.

  3. 3. The Registrar shall inform the participants of any payment of such allowance.

Regulation 87 Expert witnesses

Transportation for expert witnesses who travel for testimony or for support or protection-related purposes shall be arranged by the Registry, in accordance with regulation 81. A daily subsistence allowance shall also be provided.

Regulation 88 Information management

  1. 1. The Registry shall keep information relating to witnesses, victims who appear before the Court, persons at risk, as well as dependents of all such (p.307) persons, and accompanying support persons in a secure environment. The Registry shall gather, monitor and keep information on areas where operations related to witnesses, victims who appear before the Court or other persons at risk are conducted and on potential or known threats.

  2. 2. Such information shall be used by the Registry to perform security threat analyses and assess risk to individuals.

  3. 3. A secure electronic database shall be maintained for any information relating to persons referred to in sub-regulation 1. This database can only be accessed by designated staff members of the Registry. Where ordered, the Registry shall disclose specific information contained in the database to the relevant chamber.

Regulation 89 Healthcare and well-being

  1. 1. The Registry shall assist witnesses and victims who appear before the Court, where applicable the dependents of all such persons, and accompanying support persons by:

    1. (a) Organising medical care and assistance, as appropriate, during their travel, their absence from their place of residence and for the duration of their stay at the seat of the Court or where proceedings are held; and

    2. (b) Providing psychological assistance, as appropriate, particularly for children, the disabled, the elderly and victims of sexual violence.

  2. 2. The Registry shall, in consultation with local partners, endeavor to develop local networks, particularly in the field, to address the healthcare and well-being of witnesses, victims who appear before the Court and persons at risk, and the dependents of all such persons.

Regulation 90 Dependent care

  1. 1. The Registry may provide dependent care to witnesses and victims who appear before the Court.

  2. 2. Dependent care is the provision of appropriate assistance to those who have the primary responsibility in caring for another person, the non-provision of which would prevent their attendance at the Court.

  3. 3. The type of assistance shall be based on a case-by-case needs assessment.

(p.308) Regulation 91 Accompanying support persons

  1. 1. Witnesses, victims who appear before the Court and persons at risk may be permitted to bring an accompanying support person with them to the Court or during travel outside their place of residence for the purposes of the Court. The Registry shall cover the costs of the accompanying support person, in accordance with regulations 81, 82, 83, 84,85, 85 and 89, sub-regulation 1(a)

  2. 2. In order to determine the eligibility of a witness, a victim who appears before the Court or a person at risk to bring an accompanying support person with him or her to the Court, the following criteria, shall be, inter alia, taken into account:

    1. (a) The fact that the person has no surviving close family members;

    2. (b) The presence of severe trauma-related symptoms;

    3. (c) The existence of possible suicidal tendencies;

    4. (d) The potential for violence;

    5. (e) The fear or anxiety of the person to the extent that it would prevent him or her from attending the Court;

    6. (f) The age;

    7. (g) The fact that the person is a victim of sexual or gender violence;

    8. (h) The fact that the person suffers from a pre-existing disease of a physical and/or psychological nature; and

    9. (i) The severity of physical or psychological symptoms.

  3. 3. The Registry shall assess the suitability of the accompanying person to provide support.

Regulation 92 Security arrangements

  1. 1. The Registry shall implement and coordinate appropriate procedures and measures for the protection and security to ensure the safety of witnesses, victims who appear before the Court and persons at risk, including accompanying support persons.

  2. 2. Procedures and measures referred to in sub-regulation 1 shall be confidential.

(p.309) Regulation 93 Local protection measures

  1. 1. The Registry shall implement measures for the protection of witnesses, victims who appear before the Court and persons at risk on the territory of the State of their residence.

  2. 2. The Registry shall, where appropriate, be responsible for establishing and maintaining an immediate response system as a local security measure for witnesses, victims who appear before the Court and persons at risk. The system shall operate round-the-clock for the purposes of extricating and bringing to safety those witnesses, victims who appear before the Court and persons at risk who fall within its purview.

  3. 3. Procedures and measures referred to in sub-regulations 1 and 2 shall be confidential.

Regulation 94 Protective measures in Court

Measures taken pursuant to an order of a Chamber under rule 87 to protect the identity of witnesses, victims who appear before the Court and persons at risk may include, inter alia:

  1. (a) Pseudonyms, where the person is assigned a pseudonym that is used during the proceeding instead of his or her real name;

  2. (b) Facial distortion, where the image of the person is rendered unrecognisable by an electronic mosaic in the audiovisual feed;

  3. (c) Voice distortion, where the voice of the person is rendered unrecognisable by electronic means in the audiovisual feed;

  4. (d) Private sessions, where the hearing is not open to the public and there is no audiovisual stream broadcast outside the Court;

  5. (e) Closed sessions, where the hearing is held in camera;

  6. (f) Videoconferences, where the person takes part in the proceeding via a direct video link;

  7. (g) Expunctions from the public record of the proceeding of any information which might lead to the identification of the victim, witness or person at risk; or

  8. (h) Any combination of the protective measures listed above or any modification of a measure ordered by the Chamber which is technically feasible.

(p.310) Regulation 94 bis Special measures for vulnerable witnesses and victims appearing before the Court

  1. 1. In pursuance of rule 88, the Chamber may order special measures to protect witnesses and victims who appear before the Court against psychological harm by reason of the process of appearing before the Court and to facilitate such persons’ appearance in Court.

  2. 2. Vulnerable persons are those persons at an increased risk of psychological harm by reason of the process of appearing before the Court and/or who experience psychosocial or physical difficulties which affect their ability to so appear. The vulnerability of a person may be determined by different factors, inter alia:

    1. (a) Factors related to the person: age (for example, children or elderly persons), personality, disability (including cognitive impairments), mental illness or psychological problems (such as trauma-related problems and/or lack of social support);

    2. (b) Factors related to the nature of the crime, in particular sexual or gender- based violence, violence against children, torture or other crimes involving grave violence;

    3. (c) Factors related to particular circumstances, such as significantly increased stress or anxiety due to relocation or resettlement, fear of retaliation or adaptation difficulties related to cultural differences or other factors.

  3. 3. Psychological assessment of vulnerable persons shall be conducted by the psychologist within the Registry who works with victims and witnesses. Such assessment shall be conducted prior to the court appearance in order to establish a person’s capacity to appear before the Court and current mental health and to identify special needs. The Registry psychologist may recommend special measures to the Chamber, inter alia:

    1. (a) Measures to adapt the courtroom to the needs of vulnerable persons, such as prevention of eye contact between the witness and the victim who appears before the Court and the suspect or accused, use of video-link or restriction of the number of people in the courtroom or other measures;

    2. (b) In-court assistance as foreseen by rule 88, sub-rule 2, such as the presence of an accompanying support person or assistance to or monitoring of vulnerable persons by the Registry;

    3. (p.311) (c) Measures pursuant to rule 88, sub-rule 5 to adapt the manner of questioning to the needs of the person and his or her capacity to appear before the Court.

Regulation 95 Assisted move

  1. 1. Where risk to a witness, a victim who appears before the Court or a person at risk cannot be managed in the geographical area where the person is staying and said person has initiated a move to another area, the Registry may assist therewith, where such move is considered necessary to the person’s security.

  2. 2. Such assistance may consist of limited financial or logistical support for the move of the person and his or her dependents to a safe location. The move shall remain the decision and responsibility of the person.

  3. 3. The Prosecutor or counsel shall not assist a witness, a victim who appears before the Court or a person at risk to move without the prior consultation and agreement of the Registry. In case of disagreement, a chamber may authorise assistance proposed by the Prosecutor or counsel. Assisted move may also be effected at the request of a chamber.

  4. 4. Procedures and measures referred to in the present regulation shall be confidential.

Regulation 96 Protection programme

  1. 1. The Registry shall take all necessary measures to maintain a protection programme for witnesses, victims who appear before the Court and persons at risk.

  2. 2. An application for inclusion in the protection programme may be filed by the Prosecutor or by counsel. A Chamber may also request the inclusion of a person in the protection programme.

  3. 3. In assessing admission to the protection programme, in addition to the factors set out in article 68, the Registry shall consider, inter alia, the following:

    1. (a) The involvement of the person before the Court;

    2. (p.312) (b) Whether the person himself or herself, or his or her close relatives are endangered because of their involvement with the Court; and

    3. (c) Whether the person agrees to enter the protection programme.

  4. 4. Inclusion in the protection programme shall be subject to the decision of the Registrar after the assessment made under sub-regulation 3.

  5. 5. Before being included in the protection programme, the person or – where the person is under the age of 18 or otherwise lacks the legal capacity to do so – his or her representative, shall sign an confidential agreement with the Registry.

  6. 6. The need for continued participation in the protection programme shall be reassessed every 12 months.

  7. 7. Procedures and measures referred to in the present regulation shall be confidential.

Regulation 96 bisTermination of the participation in the protection programme

  1. 1. The Registrar may terminate a person’s participation in the protection programme where such participation is no longer required, the person so requests or the person has breached the terms of the confidential agreement provided for by regulation 96, sub-regulation 5.

  2. 2. Within 14 days of notification of a decision under sub-regulation 1, the person, the Prosecutor or counsel who referred the person may apply to the Registrar for review of the decision, whereafter the Registrar shall issue a final decision. Within 7 days of the notification of the final decision, the Prosecutor or counsel may challenge the decision before the relevant chamber. The protection programme shall remain in force throughout the period encompassed by this sub-regulation.

  3. 3. Before termination is effected, the Registrar shall, in consultation with the person where possible, devise an exit plan to ensure that the person leaves the protection programme in optimal circumstances and within a reasonable timeframe.

(p.313) Section 2 Victims Participation and Reparations

Subsection 1 General provisions

Regulation 97 Confidentiality of communications

  1. 1. Where required for reasons of safety and security of the victim, the Registry shall take all necessary measures within its powers to ensure the confidentiality of the following communications: communications within the Court relating to specific victims, including communications within the Registry and between the Registry and other organs of the Court; between the Court and victims who have communicated with the Court; between the Court and victims’ legal representatives; between the Court and persons or organisations acting on behalf of victims; and between the Court and persons or organisations serving as intermediaries between the Court and victims.

  2. 2. If a victim decides to withdraw an application for participation or reparations at any time, the Registry shall maintain the confidentiality of the communication.

Regulation 98 Protection of information and communications

  1. 1. The Registry shall maintain a secure electronic database for the storage and processing of information provided in applications from victims, any documentation or further information supplied by victims or their legal representatives, and any communications received from or in respect of such victims including communications or other information from or relating to specific victims that have been made available to the Registry by other organs of the Court.

  2. 2. Information contained in the database referred to in sub-regulation 1 may only be accessed by designated staff members of the Registry and, where appropriate, by the Chamber and by participants.

(p.314) Regulation 99 Assessment of the disclosure of information

  1. 1. Upon receipt of an application from a victim and pending any decision by the Chamber, the Registry shall review the application and assess whether the disclosure to the Prosecutor, the defence and/or other participants of any information contained in such application, may jeopardise the safety and security of the victim concerned or any third person.

  2. 2. Such review shall take into account the factors set out in article 68, paragraph 1, any request for non-disclosure made by the victim, consultations held with legal representative(s) of the victim, where appropriate, and inter alia, the level of security in the area where the victim lives and the feasibility of implementing local measures for their protection and security and/or protective measures where necessary.

  3. 3. The Registry shall inform the Chamber of the results of the assessment and may make recommendations regarding the disclosure of all or part of the information provided by the victim.

  4. 4. If a victim requests that all or part of the information he or she has provided to the Registry not to be disclosed to the Prosecutor, the defence, or other participants, the Registry shall inform the victim that such requests may be granted or rejected by the Chamber. The Registry shall communicate the victim’s request, together with the result of the assessment made pursuant to sub-regulations 1 and 2, to the Chamber and to the legal representative of the victim.

Regulation 100 Protection and security of victims

  1. 1. Where the Registry is in direct communication with victims, it shall ensure that it does not endanger their safety, physical and psychological well-being, dignity and privacy. The Registry shall also take all possible measures to ensure that groups referred to in regulation 86, sub-regulation 1 of the Regulations of the Court and counsel pursue the same objective in their communications and interactions with victims.

  2. 2. Where a victim who communicated with the Court fears that his or her application is putting him or her or a third person at risk, or where the assessment undertaken under regulation 99, sub-regulations 1 and 2, concludes that such a risk might exist, the Registry may take measures under (p.315) regulations 92 to 96 and/or advise the Chamber on appropriate protective measures and/or security arrangements in order to protect the safety and the physical and psychological well-being of the victim or third person.

  3. 3. The Registry may request non-publication of information in accordance with regulation 43, sub-regulation 3.

Regulation 101 Withdrawal of applications

  1. 1. If a victim decides to withdraw an application for participation or reparations before the Registry has presented the application to the Chamber, the Registry shall retain this application in its records.

  2. 2. If the application has already been presented to the Chamber, the Registry shall present the withdrawal to that Chamber, including any reasons given for the withdrawal.

Subsection 2 Information and notice to victims

Regulation 102 Assistance in providing information under article 15

  1. 1. Where the Prosecutor intends to seek authorisation from the Pre-Trial Chamber to initiate an investigation pursuant to article 15, paragraph 3, the Registry may assist in providing information to victims.

  2. 2. Where the Prosecutor has a duty to inform victims who have provided information to him or her under article 15, paragraph 6, the Registry may, when so requested assist in providing information to victims.

Regulation 103 Publicity and notice by general means

  1. 1. In determining what measures are necessary to give adequate publicity to the proceedings, as referred to in rule 92, sub-rule 8, and in rule 96, sub-rule 1, the Registry shall ascertain and take into account factors relating to the specific context such as languages or dialects spoken, local customs and traditions, literacy rates and access to the media. In giving such publicity, the Registry shall seek to ensure that victims make their (p.316) applications before the start of the stage of the proceedings in which they want to participate, in accordance with regulation 86, sub-regulation 3, of the Regulations of the Court.

  2. 2. Where the Prosecutor decides to give notice by general means in accordance with rule 50, sub-rule 1, the Registry may take steps to ensure that victims are informed thereof.

  3. 3. Information sent by victims in confidence to the Registry shall not be disclosed to participants, unless a Chamber orders otherwise.

Subsection 3 Participation of victims in the proceedings and reparations

Regulation 104 Standard application forms

  1. 1. The standard application forms provided for in regulations 86 and 88 of the Regulations of the Court, and the explanatory material shall, to the extent possible, be made available in the language(s) spoken by the victims. The Registry shall endeavour to prepare the standard application forms in a format that is accessible, that can be used by the Court, and that is compatible with the electronic database referred to in regulation 98.

  2. 2. The Registry may propose amendments to the standard application forms on the basis of, inter alia, experience in using the forms and the context of specific situations. The proposed amendments shall be submitted to the Presidency for approval in accordance with regulation 23, sub-regulation 2, of the Regulations of the Court.

Regulation 105 Dissemination and completion of standard application forms

  1. 1. In order to ensure that standard application forms, as referred to in regulation 86, sub-regulation 1 of the Regulations of the Court, are completed as efficiently as possible, the Registry may establish contact and maintain regular relations with the groups mentioned in regulation 86, sub-regulation 1 of the Regulations of the Court, and may, inter alia, prepare guidance booklets and other materials, or provide education and training, in order to guide those assisting victims in completing the standard application forms.

  2. (p.317) 2. The Registry shall, as far as possible, take measures to encourage victims to complete their applications using the appropriate standard application form.

Regulation 106 Receipt of applications

  1. 1. Applications for participation or reparations may be submitted either to the seat of the Court or to a field office of the Court. In countries where there is no Court field office, the Registry shall endeavor to establish means of ensuring the safe and secure submission of applications.

  2. 2. The Registry shall take measures to encourage victims to complete their applications and to provide further information and communications in a working language of the Court. Such steps may include, inter alia, seeking the assistance of groups mentioned in regulation 86, sub-regulation 1 of the Regulations of the Court.

  3. 3. Documents and material relating to an application and submitted after the initial application shall be dealt with in accordance with regulation 107.

Regulation 107 Review of applications

  1. 1. Where an application is received in hard copy, the Registry shall convert it into image file format, ensuring that the application is not altered in any way.

  2. 2. In seeking further information in accordance with regulation 86, sub-regulation 4, or regulation 88, sub-regulation 2 of the Regulations of the Court, the Registry shall consider the interests of the victim and shall take into account, inter alia, whether the victim is represented, the security of the victim, and any time limits for the filing of documents with the Court. When contacting victims or their legal representatives to request further information, the Registry shall inform them that their request may be granted or rejected by the Chamber on the basis, inter alia, of information provided by them and that they may submit a new application later in the proceedings if their application is rejected by the Chamber.

  3. 3. The Registry shall endeavour wherever possible to obtain further information in writing, but where the victim has expressed a preference for (p.318) contact by telephone, and taking security considerations into account, it may receive such information by telephone. In so doing, the Registry shall, to the extent possible, verify the identity of the person and record the conversation.

Regulation 108 Access to applications

  1. 1. Applications and related documents and material shall be available to the Chambers and the participants through electronic means, in accordance with their level of confidentiality.

  2. 2. Consultation of the original form of the applications and related documents and material shall be requested using the approved standard form.

  3. 3. Regulation 16 shall apply mutatis mutandis.

Regulation 109 Report to the Chamber regarding participation in the proceedings

  1. 1. In order to facilitate the decision of the Chamber and to comply with regulation 86, sub-regulations 5 and 6 of the Regulations of the Court, the Registry shall provide the Chamber with access to the record of applications or to the secure room where the originals are stored.

  2. 2. The format and content of the report to be provided in accordance with regulation 86, sub-regulations 5 and 6 of the Regulations of the Court shall be determined to the extent possible in consultation with the Chamber.

  3. 3. For the purpose of preparing the report, the Registry may seek additional information in accordance with regulation 86, sub-regulation 4 of the Regulations of the Court, and may consult with the legal representatives, if any.

Regulation 110 Submission of applications for reparations

  1. 1. The Registry shall present all applications for reparations to the Chamber, together with a report thereon, where requested.

  2. 2. For the purpose of rule 97, at the request of the Chamber, the Registry may present information or recommendations regarding matters such (p.319) as the types and modalities of reparations, factors relating to the appropriateness of awarding reparations on an individual or a collective basis, the implementation of reparations awards, the use of the Trust Fund for Victims, enforcement measures, and appropriate experts to assist in accordance with rule 97, sub-rule 2.

  3. 3. In order to prepare the information and recommendations referred to in sub-regulation 2, the Registry may consult with, inter alia, victims, victims’ legal representatives and the Trust Fund for Victims.

Regulation 111 Assistance in the enforcement phase

The Registry may, if so requested, provide the Presidency with relevant information, including information received in applications for participation or reparations, to assist it in its decision-making on matters relating to the disposition or allocation of property or assets in accordance with rule 221.

Subsection 4 Legal representation of victims

Regulation 112 Assistance to victims in choosing legal representatives

  1. 1. In order to assist victims in choosing a legal representative or representatives in pursuance of rule 16, sub-rule 1(b) or rule 90, sub-rule 2 the Registry may provide victims with information on qualified counsel and common legal representation. The Registry shall inform victims that it may choose a common legal representative for victims at the request of the Chamber pursuant to rule 90, sub-rule 3 and/or organise a process for the selection of common legal representatives through a public call for the expression of interest from those counsel who meet the requirements of rule 22. Whenever possible, the Registry shall also afford victims notice of its intended, recommended grouping of victims for the purpose of common legal representation. The Registry shall take appropriate measures, such as outreach activities in the field, to ensure that victims understand such information. The Registry may also, in pursuance of these rules, consult victims regarding their preferences in respect of legal representation.

  2. (p.320) 2. Where requested to choose a common legal representative under rule 90, sub-rule 3, the Registry shall take account, inter alia, of:

    1. (a) The preferences of participating victims and applicants for participation in respect of legal representation and their views on common legal representation;

    2. (b) The particular circumstances of the case and the characteristics of the victims concerned;

    3. (c) Any legal representation hitherto provided to victims;

    4. (d) The competencies, expertise and experience in representing victims possessed by any other qualified counsel who have expressed an interest in acting as common legal representatives of victims; and

    5. (e) Potential or actual conflicts of interest.

Regulation 113 Legal assistance paid by the Court

  1. 1. For the purpose of participation in the proceedings, the Registry shall inform victims that they may apply for legal assistance paid by the Court, and shall supply them with the relevant form(s).

  2. 2. In determining whether to grant such assistance, the Registrar shall take into account, inter alia:

    1. (i) The means of the victims;

    2. (ii) The factors mentioned in article 68, paragraph 1;

    3. (iii) Any special needs of the victims,

    4. (iv) The complexity of the case;

    5. (v) The possibility of asking the Office of Public Counsel for Victims to act; and

    6. (vi) The availability of pro bono legal advice and assistance.

  3. 3. Regulations 130 to139 shall apply mutatis mutandis.

Subsection 5 Office of Public Counsel for Victims

Regulation 114 Appointment of members of the Office

The members of the Office of Public Counsel for Victims are appointed in accordance with the rules and regulations governing the recruitment of (p.321) the staff of the Court. A representative of the legal profession shall sit on the selection panel.

Regulation 115 Independence of members of the Office

  1. 1. The members of the Office shall not receive any instructions from the Registrar in relation to the conduct of the discharge of their tasks as referred to in regulations 80 and 81 of the Regulations of the Court.

  2. 2. In discharging their responsibilities under sub-regulation 1, the members of the Office shall be bound by the Code of Professional Conduct for counsel adopted pursuant to rule 8.

  3. 3. For issues other than the conduct of the representation of a person entitled to legal assistance under the Statute and the Rules or assistance to legal representatives of victims, members of the Office shall be bound by the provisions applicable to all staff members.

  4. 4. Where a member of the Office is representing a victim or a group of victims, regulation 113 shall apply mutatis mutandis.

  5. 5. The Registry shall ensure that the confidentiality necessary for the performance of the functions of the Office be respected.

Regulation 116 Information provided by the Registrar to the Office

Where members of the Office act as duty counsel or as legal representatives of victims or appear before a Chamber on behalf of a victim or victims in respect of specific issues, the Registrar shall, having regard to confidentiality, provide them with such information received in the applications sent by victims and such further information and documents as are necessary for the fulfilment of those functions.

Regulation 117 Report on administrative issues relating to the Office

The Office shall report on administrative issues related to its activities to the Registrar on a regular basis and submit an annual report of its work to the Registrar having regard to confidentiality.

(p.322) Subsection 6 Trust Fund for Victims

Regulation 118 Cooperation with the Trust Fund for Victims

  1. 1. For the purpose of rule 98, sub-rule 4, rule 148 and rule 221, sub-rule 1, the Registry shall, where requested by the Chamber or by the Presidency, and after consultation with the victims or their legal representatives, provide information received from or in respect of victims to the Secretariat of the Trust Fund for Victims, and shall provide general advice and information of a non-confidential nature relating to victims.

  2. 2. Where an order is issued by the Chamber for an award of reparations through the Trust Fund for Victims, the Registrar shall, having regard to confidentiality, provide the Secretariat of the Trust Fund for Victims with such information received in the applications sent by victims and such further information and documents as are necessary for the implementation of the order.

Chapter 4 Counsel Issues and legal assistance

Section 1 General provisions

Regulation 119 Duties of the Registrar in relation to the defence

  1. 1. In order to give full effect to the rights of the defence, and pursuant to the provisions of rule 20, the Registrar shall, inter alia:

    1. (a) Assist counsel and/or his or her assistants in travelling to the seat of the Court, to the place of the proceedings, to the place of custody of the person entitled to legal assistance, or to various locations in the course of an on-site investigation. Such assistance shall encompass securing the protection of the privileges and immunities as laid down in the Agreement on the Privileges and Immunities of the Court and the relevant provisions of the Headquarters Agreement; and

    2. (b) Establish channels of communication and hold consultations with any independent body of counsel or legal association, including any such (p.323) body the establishment of which may be facilitated by the Assembly of States Parties.

  2. 2. The Registrar shall also provide appropriate assistance to a person who has chosen to represent himself or herself.

  3. 3. In the event of disputes occurring between the person entitled to legal assistance and his or her counsel, the Registrar may propose mediation. The Registrar may request the Office of Public Counsel for the Defence or another qualified independent person to act as a mediator.

Regulation 120 Principles governing consultations with legal associations

  1. 1. In carrying out his or her responsibilities including those in rule 20, sub-rule 3, the Registrar shall, as appropriate, hold consultations with any independent representative body of counsel or legal association, including any such body the establishment of which may be facilitated by the Assembly of States Parties.

  2. 2. International associations of bars and counsel, as well as associations offering specific expertise in fields of law that are relevant to the Court, shall in particular be consulted.

  3. 3. The Registrar may also consult any expert he or she identifies on specific issues relating to his or her mandate, as appropriate.

Regulation 121 Forms of consultations

  1. 1. Consultations shall be carried out periodically through non- institutionalised channels, including written and oral communication, as well as bilateral and multilateral meetings.

  2. 2. The Registrar may, as appropriate, organise seminars for the purpose of holding in-depth discussions on the role of the legal profession before the Court. Associations and individual experts, as well as representatives of other international criminal tribunals, may take part in these seminars.

(p.324) Section 2 Provisions on counsel and assistants to counsel

Regulation 121 bis

Provision of information concerning counsel and assistants to counsel Where information referred to in regulation 69, sub-regulation 3 of the Regulations of the Court or regulation 125, sub-regulation 7 is received, including prima facie reliable information on facts which may affect a person’s inclusion on the list of counsel or the list of assistants to counsel, the Registrar may invite the person to submit all relevant information and material. Where necessary, the Registrar may request the assistance of the relevant authorities for the purpose of obtaining such information.

Regulation 122 List of counsel

  1. 1. The Registry shall produce a standard form for counsel seeking inclusion in the list. The form shall be available on the website of the Court, as well as through other appropriate means, and shall also be provided upon request.

  2. 2. Unless counsel requests otherwise, the Registry may publish the following data:

    1. (a) Counsel’s full name;

    2. (b) The name, place and country of the bar association to which counsel is affiliated or, if counsel is not a barrister or attorney, his or her profession, including the name of the institution for which he or she works;

    3. (c) The language(s) spoken by counsel; and

    4. (d) Whether counsel would prefer to represent the accused, victims, or both.

Regulation 123 Acknowledgment of appointment

  1. 1. The Registrar shall acknowledge the issuance of power of attorney or the appointment of counsel in writing, stating that he or she has been included in the list. The acknowledgment shall be notified to the person who has chosen the counsel, to the counsel, to the Chamber and to the competent (p.325) authority exercising regulatory and disciplinary powers over counsel in the national order.

  2. 2. Where a common legal representative of victims is appointed, the Registrar shall, where possible, notify the acknowledgment referred to in sub-regulation 1 to all victims represented by such representative.

Regulation 124 Assistants to counsel

Persons who assist counsel in the presentation of the case before a Chamber, as referred to in regulation 68 of the Regulations of the Court, shall have either five years of relevant experience in criminal proceedings or specific competence in international or criminal law and procedure. The names of these persons are on the list of assistants to counsel created and maintained by the Registry.

Regulation 125 List of assistants to counsel

  1. 1. The Registry shall create and maintain a list of persons who may assist counsel in the presentation of the case before a Chamber and who meet the requirements set out in regulation 124.

  2. 2. The Registry shall produce a standard form for persons seeking inclusion in the list. The form shall be available on the website of the Court as well as through other appropriate means, and shall be provided upon request.

  3. 3. A person seeking to be included in the list shall complete the standard form and provide the following documentation:

    1. (a) A detailed curriculum vitae; and

    2. (b) An indication of the relevant experience or specific competence in accordance with regulation 124.

  4. 4. The decision as to whether a person shall be included in the list shall be notified to that person. If the application is refused, the Registrar shall provide reasons and information on how to apply to the Presidency for review of that decision within 15 calendar days of its notification.

  5. 5. The Registrar may file a response within 15 calendar days of notification of the application for review.

  6. (p.326) 6. The Presidency may ask the Registrar to provide any additional information necessary to decide on the application. The decision of the Presidency shall be final.

  7. 7. Persons included in the list shall inform the Registrar immediately of any change in the information provided by them pursuant to this regulation. The Registrar may take measures to verify the information provided by such persons at any time.

Regulation 126 Removal from the list of assistants to counsel

  1. 1. The Registrar shall remove a person from the list of assistants to counsel if that person:

    1. (a) No longer meets the requirements set out under regulation 124;

    2. (b) Has been found guilty of an offence against the administration of justice as described in article 70, paragraph 1;

    3. (c) Has been permanently interdicted from exercising his or her functions before the Court in accordance with rule 171, sub-rule 3; or

    4. (d) Has solicited or accepted a bribe from a person entitled to legal assistance paid by the Court.

  2. 2. The Registrar shall notify the relevant person of his or her decision under sub-regulation 1 and shall provide the reasons therefor.

  3. 3. The Registrar shall inform the person on how to apply to the Presidency for review of that decision within 15 calendar days of notification.

  4. 4. The Registrar may file a response within 15 calendar days of notification of the application for review.

  5. 5. The Presidency may ask the Registrar to provide any additional information necessary to decide on the application. The decision of the Presidency shall be final.

Regulation 127 Appointment of assistants to counsel

Persons who assist counsel in the presentation of the case before a Chamber shall be appointed by counsel and selected from the list maintained by the Registrar.

(p.327) Regulation 128 Assistance by the Registry

  1. 1. The Registry shall provide a person seeking legal assistance in the framework of proceedings before the Court with the list of counsel, along with the curricula vitae of counsel appearing on that list.

  2. 2. The Registry shall provide assistance when a person entitled to legal assistance under the Statute and the Rules is to be questioned pursuant to article 55, paragraph 2 or in any other case where legal assistance is needed by a person entitled to it.

Regulation 129 Appointment of duty counsel

  1. 1. In accordance with regulation 73, sub-regulation 2, of the Regulations of the Court, the Registry shall guarantee the availability of counsel at the place and the time indicated by the Prosecutor or the Chamber.

  2. 2. When requested by a person entitled to legal assistance, the Prosecutor or the Chamber, the Registry shall contact the duty counsel and provide him or her with all the information available.

Section 3 Legal assistance paid by the Court

Regulation 130 Management of legal assistance paid by the Court

  1. 1. The Registrar shall manage the legal assistance paid by the Court with due respect to confidentiality and the professional independence of counsel.

  2. 2. The Registry staff responsible for managing the funds allocated to legal assistance paid by the Court shall treat all information known with the utmost confidentiality. They shall not communicate such information to any person, except to the Registrar or to the legal aid commissioners where required for the performance of the tasks specified in regulation 136.

  3. 3. The Registrar may transmit to the auditors the necessary information to perform their tasks. They are responsible for ensuring the confidentiality of such information.

(p.328) Regulation 131 Application procedure for legal assistance paid by the Court

  1. 1. As soon as the Registry contacts a person entitled to legal assistance under the Statute and the Rules in order to assist him or her in accordance with regulation 128, it shall provide him or her with the relevant form(s) to submit an application for legal assistance paid by the Court.

  2. 2. The Registry shall immediately acknowledge receipt of an application for legal assistance paid by the Court as described in sub-regulation 1. The Registrar shall then establish whether or not the applicant has provided the requisite supporting material as described in regulation 132. He or she shall inform the applicant as soon as possible if, and to what extent, such material is incomplete and shall direct him or her to provide the missing material within a specified time period.

Regulation 132 Proof of indigence

  1. 1. A person applying for legal assistance paid by the Court must fill out the approved standard forms and provide the information necessaries to support their request.

  2. 2. Where there are grounds to believe that an application for legal assistance paid by the Court and the supporting evidence are not accurate, the Registry may carry out an investigation into the matter. In doing so, it may request information and/or documents from any person or body that it deems appropriate.

  3. 3. The Registrar should make a decision as to whether legal assistance should be paid in full or in part by the Court within 30 calendar days of the submission by the person concerned of all the documentation required. Legal assistance may be provisionally paid by the Court during that period.

  4. 4. The person shall communicate to the Registry any change in his or her financial situation that might affect eligibility for legal assistance paid by the Court. The Registry may carry out random checks to verify whether any changes have occurred.

  5. 5. If legal assistance paid by the Court has been granted provisionally, the Registry may investigate the person’s means. The person shall cooperate with the Registry in its investigation.

(p.329) Regulation 133 Remuneration under the scheme of legal assistance paid by the Court

Remuneration of persons acting within the scheme of legal assistance paid by the Court shall accord with the relevant documents adopted or approved by the Assembly of States Parties.

Regulation 134 Action plan and modalities of payment

  1. 1. Before each phase of the proceedings, or every six months, counsel shall establish an action plan. The action plan shall be approved by the Registrar who may consult the legal aid commissioners appointed pursuant to regulation 136, sub regulation 1.

  2. 2. At the end of every month, the Registry shall issue an order for payment in accordance with the action plan referred to in sub-regulation 1.

  3. 3. Every six months, or at the end of each phase of the proceedings, the Registry shall review the action plan and the remaining fees, if any, shall be paid to counsel.

  4. 4. When a mission has been carried out in accordance with the action plan, the relevant funds shall be paid upon presentation of the appropriate travel request, as approved by the Registry, together with any supporting documentation.

Regulation 135 Disputes relating to fees

  1. 1. The Registrar shall take a decision on any dispute concerning the calculation and payment of fees or the reimbursement of expenses at the earliest possible juncture and notify counsel accordingly.

  2. 2. Within 15 calendar days of notification, counsel may request the Chamber to review any decision taken under sub-regulation 1.

(p.330) Regulation 136 Legal aid commissioners

  1. 1. The Registrar, after receiving the proposals and having heard the views of any independent representative body of counsel or legal association, including any such body the establishment of which may be facilitated by the Assembly of States Parties, shall appoint three persons to serve as legal aid commissioners for three years. This appointment shall not be renewable.

  2. 2. Legal aid commissioners shall provide the Registrar with advice regarding the management of the funds allocated by the Assembly of States Parties to legal assistance paid by the Court. To that effect, the commissioners shall:

    1. (a) Evaluate the performance of the system put in place regarding legal assistance paid by the Court, and propose amendments to such system; and

    2. (b) At the request of either counsel or the Registrar, assess whether the means requested by legal teams in their action plans are reasonably necessary for the effective and efficient representation of their client(s).

  3. 3. Legal aid commissioners shall perform their tasks independently and with due regard to confidentiality.

Regulation 137 List of professional investigators

  1. 1. The Registry shall create and maintain a list of professional investigators.

  2. 2. A professional investigator shall have established competence in international or criminal law and procedure and at least ten years of relevant experience in investigative work in criminal proceedings at national or international level. A professional investigator shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court. Subject to exceptional circumstances, he or she shall speak at least one of the languages of the country in which the investigation is being conducted.

  3. 3. The Registry shall produce a standard form for professional investigators seeking inclusion in the list. The form shall be available on the website of the Court, as well as through other appropriate means, and shall also be provided upon request.

  4. (p.331) 4. A person seeking to be included in the list of professional investigators shall complete the standard form and provide the following documentation:

    1. (a) A detailed curriculum vitae;

    2. (b) An indication of competence in the relevant field in accordance with sub-regulation 2; and

    3. (c) Where applicable, a statement of whether he or she is included in any list of investigators acting before any national court, or whether he or she is registered with any association of investigators.

  5. 5. The decision on whether a person shall be included in the list shall be notified to that person. If the application is refused, the Registrar shall provide reasons and information on how to apply to the Presidency for review of that decision within 15 calendar days of notification.

  6. 6. The Registrar may file a response within 15 calendar days of notification of the application for review.

  7. 7. The Presidency may ask the Registrar to provide any additional information necessary to decide on the application. The decision of the Presidency shall be final.

  8. 8. Professional investigators included in the list shall immediately inform the Registrar of any change in the information provided by them in accordance with this regulation. The Registrar may take steps to verify the information provided by a professional investigator included in the list at any time.

  9. 9. Regulation 121 bis shall apply mutatis mutandis to the provision of information concerning persons admitted to the list of professional investigators.

Regulation 138 Removal from the list of professional investigators

  1. 1. The Registrar shall remove a person from the list of professional investigators if the person:

    1. (a) No longer meets the criteria required in accordance with regulation 137, sub-regulation 2;

    2. (b) Has been found guilty of an offence against the administration of justice as described in article 70, paragraph 1;

    3. (c) Has been permanently interdicted from exercising his or her functions before the Court in accordance with rule 171, sub-rule 3; or

    4. (p.332) (d) Has solicited or accepted a bribe from a person entitled to legal assistance paid by the Court.

  2. 2. The Registrar shall notify the relevant person of his or her decision under sub-regulation 1 and shall provide the reasons therefor.

  3. 3. The Registrar shall inform the investigator on how to apply to the Presidency for review of that decision within 15 calendar days of its notification.

  4. 4. The Registrar may file a response within 15 calendar days of notification of the application for review.

  5. 5. The Presidency may ask the Registrar to provide any additional information necessary to decide on the application. The decision of the Presidency shall be final.

Regulation 139 Selection of professional investigators

  1. 1. Where legal assistance is paid by the Court and includes the fee of a professional investigator, counsel shall select the professional investigator from the list referred to in regulation 137.

  2. 2. A person not included in the list of investigators but who has relevant experience with regard to investigations in criminal proceedings, is fluent in at least one of the working languages of the Court and speaks at least one of the languages of the country in which the investigation is being conducted, exceptionally and after confirmation by the Registrar that the above criteria have been met, can be selected by counsel as a resource person in a given case. That resource person shall not be related to the person entitled to legal assistance, to the counsel or any person assisting him or her.

Section 4 Training of counsel

Regulation 140 Role of the Registrar

For the purpose of promoting the specialisation and training of lawyers in the law of the Statute and the Rules, and subject to the availability of resources, the Registrar shall, inter alia:

  1. (a) Ensure access to a database of the case law of the Court;

  2. (p.333) (b) Provide comprehensive information on the Court;

  3. (c) Identify and publish the names of persons and organisations carrying out relevant training;

  4. (d) Provide training materials; and

  5. (e) Offer training enabling persons to qualify to train counsel.

Regulation 141 Training programmes

  1. 1. The Registry shall develop a standard for training programmes aimed at fostering knowledge of the law of the Statute and the Rules.

  2. 2. To this end, the Registry may make a survey of existing training programmes on a regular basis, and consult with any independent body of counsel or legal association, including any such body the establishment of which may be facilitated by the Assembly of States Parties.

  3. 3. Where training programmes receive the Registrar’s approval, the organisation offering training may expressly refer to it in its promotional material and in any certificates issued.

  4. 4. The Registry shall promote the standard programme amongst organisations offering training, and shall, as appropriate, and in consultation with any independent body of counsel or legal association, including any such body the establishment of which may be facilitated by the Assembly of States Parties, review the standard programme in light of the practical experience gained through such training and the performance of counsel before the Court.

Regulation 142 Equal access and geographical distribution

  1. 1. The Registrar shall take all necessary steps to encourage an equal geographical and gender distribution of training opportunities. Training should in particular be made available in countries where the infrastructure does not allow for regular training, or where a situation has been brought before the Court.

  2. 2. In view of the limited financial capacity of lawyers in certain countries, the Registrar shall support programmes for the training of counsel in such (p.334) countries. For this purpose, the Registrar may in particular address the relevant States and their bar associations or ask the relevant organisations to provide the training free of charge.

Section 5 Office of Public Counsel for the defence

Regulation 143 Appointment of members of the Office

The members of the Office of Public Counsel for the Defence are appointed in accordance with the rules and regulations governing the recruitment of the staff of the Court. A representative of the legal profession shall sit on the selection panel.

Regulation 144 Independence of members of the Office

  1. 1. The members of the Office shall not receive any instructions from the Registrar in relation to the discharge of their tasks as referred to in regulations 76 and 77 of the Regulations of the Court.

  2. 2. In discharging their responsibilities under sub-regulation 1, the members of the Office shall be bound by the Code of Professional Conduct for counsel adopted pursuant to rule 8.

  3. 3. For issues other than the conduct of the representation of a person entitled to legal assistance under the Statute and the Rules or assistance to defence counsel, members of the Office shall be bound by the provisions applicable to all staff members.

  4. 4. Where a member of the Office is representing a person entitled to legal assistance under the Statute and the Rules, the relevant provisions of section 3 of this chapter shall apply mutatis mutandis.

  5. 5. The Registry shall ensure that the confidentiality necessary for the performance of the functions of the Office be respected.

Regulation 145 Information provided by the Registrar to the Office

Where members of the Office act as duty counsel or as counsel before a Chamber on behalf of a person entitled to legal assistance in respect of (p.335) specific issues, the Registrar shall, having regard to confidentiality, provide them with all information and documents as are necessary for the fulfilment of those functions.

Regulation 146 Report on administrative issues relating to the Office

The Office shall report on administrative issues related to its activities to the Registrar on a regular basis and submit an annual report of its work to the Registrar having regard to the obligation of confidentiality.

Section 6 Provisions relating to articles 36 and 44 of the Code of Professional Conduct for counsel

Regulation 147 Election of the members of the Disciplinary Board

The permanent and alternate members of the Disciplinary Board referred to in article 36 of the Code of Professional Conduct for counsel shall be elected as follows:

  1. (a) At an appropriate time before an election is due under article 36 of the Code of Professional Conduct for counsel, the Registrar shall send a letter to national bar associations and, where appropriate, to any independent representative body of counsel or legal association, as well as to all counsel on the list of counsel, informing them that an election will take place and inviting announcements of candidacy. The letter shall, inter alia, set out the procedure to be followed for the election and shall state that those standing for election must have established competence in professional ethics and legal matters.

  2. (b) Persons who wish to stand for election shall announce their candidacy to the Registrar by letter, attaching a curriculum vitae and a statement setting out their specific competence in professional ethics and legal matters. Announcements of candidacy shall be sent to the Registrar by postal or courier services and shall be received at the Court within 90 calendar days of the date of the letter of the Registrar referred to in (a). Persons whose announcements of candidacy are received at the Court after the expiration of that 90 day time period shall not be eligible.

  3. (p.336) (c) If fewer candidates stand for election than the number of members of the Disciplinary Board who must be elected, all counsel on the list of counsel who have indicated on their application form for the list of counsel that they have been a member of a disciplinary body or had specific responsibilities relating to ethics, shall be considered to have announced their candidacy and are eligible, subject to the provisions of article 36, paragraph 6, and article 44, paragraph 7, of the Code of Professional Conduct for counsel. The Registrar shall, by letter, request such counsel to provide their curriculum vitae and a statement setting out their specific competence in professional ethics and legal matters within 30 calendar days of the date of dispatch of the letter.

  4. (d) When the periods referred to in (b) and (c) have expired, the Registrar shall distribute the list of candidates by postal or courier services, together with the curriculum vitae and the statement setting out the specific competence in professional ethics and legal matters of each candidate as well as a confidential voting slip, to all counsel on the list of counsel and request counsel to vote within 45 calendar days of the date of dispatch.

  5. (e) Counsel shall vote for as many candidates as there are members of the Disciplinary Board to be elected.

  6. (f) The vote shall be secret. Counsel shall cast their vote by completing and returning the confidential voting slip to the Registry by postal or courier services within the time limit set out in (d). All correspondence received shall be treated with due regard for confidentiality. Any votes received after the expiry of that time period shall not be counted.

  7. (g) Once the ballot is closed, the Registry shall count the votes and submit the results to the Registrar.

  8. (h) At the first election, pursuant to article 36, paragraph 4, of the Code of Professional Conduct for counsel, the two candidates having obtained the most votes shall be elected as permanent members. The candidate having obtained the next highest number of votes shall be elected as the alternate member. If two or more candidates obtain the same number of votes, lots shall be drawn between them.

  9. (i) At subsequent elections, the candidate having obtained the most votes shall be elected as the permanent member. Where required, the candidate having obtained the next highest number of votes shall be (p.337) elected as the alternate member. If two or more candidates obtain the same number of votes, lots shall be drawn between them.

  10. (j) The Registrar shall notify the successful candidate or candidates of their election to the Disciplinary Board, inform counsel on the list of counsel of the outcome of the election and have the results published on the Court website.

  11. (k) Within 15 calendar days of the publication of the outcome on the Court website, a candidate who has not been elected may file a complaint with the Registrar concerning any issue relating to the election procedure. After having considered the complaint, the Registrar shall take a decision, of which the candidate concerned shall be notified.

  12. (l) Within 15 calendar days of notification of the decision taken by the Registrar, a candidate whose complaint has been rejected may apply to the Presidency for review.

  13. (m) The Registrar may file a response within 15 calendar days of notification of the application for review.

  14. (n) The Presidency may ask the Registrar to provide any additional information necessary to decide on the application. The decision of the Presidency shall be final.

Regulation 148 Election of the members of the Disciplinary Appeals Board

The election of the members of the Disciplinary Appeals Board referred to in article 44, paragraphs 4 (b) and 5 of the Code of Professional Conduct for counsel shall be governed, mutatis mutandis, by the provisions applying to the election of the permanent and alternate members of the Disciplinary Board under regulation 147.

Regulation 149 Appointment of the Commissioner conducting the investigation

At the request of the Presidency, the Registrar shall assist in the appointment of the Commissioner. (p.338)