Press Release: ADC-ICT Raises Concerns Over Further Reductions to Legal Aid at the Kosovo Specialist Chambers and Absence of a Functioning Bar Association
The Association of Defence Counsel practising before the International Courts and Tribunals (ADC-ICT) expresses concern at further reductions to legal aid at the Kosovo Specialist Chambers (KSC). These developments, combined with the continued absence of a functioning Bar Association, are seriously undermining fair trial rights.
Defence counsel in contempt proceedings have been informed that the legal aid scheme will no longer cover travel and accommodation costs for attending hearings in The Hague. The refusal by the Registrar and the Defence Office contradicts the applicable legal aid policy and also represents a departure from the practices at other international courts and tribunals, where such expenses are covered. The decision exacerbates the already drastic reductions in legal aid funding for these proceedings, which were cut by 60% to 74% by the Registrar earlier in 2024.
Dragan Ivetic, ADC-ICT President, stated: “The refusal to cover travel and accommodation costs for counsel places an unfair burden on Defence Counsel. It is unreasonable to expect international and Kosovan counsel to pay these costs to represent their clients. Moreover, the absence of a functional Bar Association leaves Defence Counsel at the KSC without an independent body to advocate for their collective interests”.
Despite assurances to the ADC-ICT from the KSC President and Registrar that the Independent Representative Body of Counsel (IRB) would hold a General Assembly meeting in June, and later in September, no such meeting has occurred. For all practical purposes, the IRB is non-functioning. This leaves Defence Counsel without a proper functioning Bar Association to protect their interests. A Bar Association is vital for advocating for the rights of Counsel, ensuring that they are not left vulnerable to arbitrary decisions regarding their professional rights and resources.
The ADC-ICT urgently calls on the KSC to reconsider its legal aid policies, specifically the drastic reduction in remuneration and the refusal to cover travel and accommodation costs. Furthermore, the ADC-ICT emphasises the urgent need for the establishment of a functional Bar Association to safeguard the rights of Defence Counsel. Without these measures, the integrity of the proceedings and the ability of Counsel to effectively represent their clients are seriously at risk.
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The ADC-ICT is an independent professional association which represents all defence counsel practicing the IRMCT, and formerly before the ICTY. The ADC-ICT works to promote and protect the interests of defence counsel and their clients and ensure the proper function of defence is respected in proceedings before international courts and tribunals. Further information is available at: www.adc-ict.org
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