ADC-ICT Expresses Concern Over the Charges Against Defence Counsel Peter Robinson

THE HAGUE - The Association of Defence Counsel practising before the International Courts and Tribunals (ADC-ICT) expresses its concern over the decisions on allegations of contempt and order in lieu of indictment issued by the IRMCT against Defence Counsel, Mr Peter Robinson.

These charges represent the first occasion in 23 years of the ADC-ICT’s operation, that an ADC-ICT member has faced criminal charges and potential imprisonment for acts connected with alleged violations of the Code of Conduct for Defence Counsel Appearing Before the Mechanism while acting as Defence Counsel. With full respect to judicial proceedings, we urge that the principles of due process, presumption of innocence and fair trial should be afforded to all equally.

Of grave concern is the manner in which the available disciplinary procedures provided for by the Code of Conduct appear to have been bypassed.The existing confidential disciplinary procedure under the Code of Conduct, in which the ADC-ICT would have played a role, would have allowed for Mr Robinson’s alleged conduct to have been assessed by a panel and appeals board comprised in part of his peers, before any potential criminal charges could have been brought. Insofar as the decisions invoke the Code of Conduct, it is concerning that the Code’s own procedures were not followed resulting in unequal treatment of Mr Robinson vis-à-vis similarly situated Counsel facing allegations of acts in violation of the Code.

The ADC-ICT also notes with concern the inexplicable delay in bringing charges for the alleged conduct, which occurred nearly a decade ago. The decision to bring charges now, as the IRMCT’s operations wind down, and with no explanation for this delay, adds to our concerns as to this irregular procedure.