On 28 December 2011, the Registrar of the International Criminal Court (ICC) issued a provisional decision on Laurent Gbagbo’s application for legal aid. The Registrar considered Mr Gbagbo to be eligible for legal assistance paid by the Court, in light of the statements on his financial situation contained in the application which he submitted on 6 December 2011. He has been granted legal aid on a provisional basis, pending verification of the information on his means and the outcome of the investigation into his financial situation.
The Registrar has granted Laurent Gbagbo legal aid for the purposes of his legal representation during the pre-trial phase of the proceedings. Such legal representation is necessary in order to safeguard the suspect’s rights and to ensure the proper conduct of the proceedings. The Registrar’s decision may be amended at any time if it is found that Laurent Gbagbo is able to bear the costs of his defence.
The Court may seek States’ cooperation for the purposes of identifying and locating a suspect’s property and assets. Upon an order of the judges, such property and assets may be frozen or seized to cover the costs of the suspect’s defence and to recover any sums which may have been paid by the Court under the legal aid scheme. The Court may also decide to freeze or seize a suspect’s property and assets as a preventive measure with a view to paying reparations for victims after the trial.
The system of legal assistance paid by the Court was established in order to enable suspects and accused persons to receive an effective and competent defence when they have insufficient financial means to appoint a defence team. It is one of the key components in safeguarding the rights of participants in proceedings before the ICC. Legal aid is nevertheless necessarily subject to the resources available in the Court’s budget.