What is the mandate of the OPCD?

Possible designation of the OPCD

Where the Prosecutor considers that an investigation offers a unique opportunity to obtain information or take a statement:

- the Chamber may designate the OPCD to protect the rights of the Defence during the taking of testimony, when there has not yet been an arrest or appearance or when the person who has been arrested or appeared in response to a summons has not yet appointed Counsel;
- the Chamber may designate the OPCD to assist in the taking of statements.(Regulation 77(4) of the Regulations of the Court, article 56(2) of the Statute and rule 47(2) of the Rules of Procedure and Evidence)

On specific issues, the relevant Chamber may designate the OPCD as ad hoc Counsel. The question of the participation of victims in the proceedings in the context of a situation may, as has already been the case, lead to the designation of the OPCD to make observations (Regulation 77(5) of the Regulations of the Court).

The Chamber may also appoint members of the OPCD to act as Counsel in the circumstances specified in the Statute and the Rules of Procedure and Evidence or where the interests of justice so require (Regulation 76(2) of the Regulations of the Court)

If a person requires urgent legal assistance and has not yet secured legal assistance, or where his or her counsel is unavailable, the Registrar may appoint the OPCD as duty Counsel, taking into account the wishes of the person (Regulation 73(2) of the Regulations of the Court).
There has already been an instance where the Principal Counsel acting on behalf of the OPCD is chosen by a suspect, from the duty Counsel roster presented by the Registrar, to represent him at his first appearance before the Pre-Trial Chamber.

Assistance provided by the OPCD

The OPCD provides support and assistance to Counsel for the defence and persons entitled to legal assistance:

- by carrying out research and providing legal advice;
- by appearing before the Chambers in respect of specific issues.
(Regulation 77(5) of the Regulations of the Court)

The OPCD carries out research and provides legal advice at the request of defence Counsel and appointed ad hoc Counsel. The request is submitted on a form made available to them.

Other tasks

At the request of the Registrar, the OPCD may also act as mediator in the event of a dispute between a person entitled to legal assistance and his or her Counsel (Regulation 119 of the Regulations of the Registry).

Outreach activities: The OPCD participates in information conferences and training courses at the seat of the Court and elsewhere. The OPCD also participates in working groups with other units or sections of the Court tasked with discussing the rights of the Defence or the right to a fair trial.