Can the OPCD be chosen as duty Counsel?

Persons summoned to appear or prosecuted before the Court may choose a duty Counsel from a roster established for the purpose, in order to protect their rights and be assisted during their first appearance before the Chamber pending assignment of their lead Counsel.

The OPCD, which is consulted on a case-by-case basis in order to avoid any conflict of interest, may agree to be included on the roster of duty council. If it is chosen by a suspect, the OPCD will carry out this special provisional assignment, without prejudice to the future defence team handling the substance of the case and further proceedings.

The duty Counsel will then hand over the file to his or her successor.