Case No. IT-02-60-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Mohamed Shahabuddeen, Pre-Appeal Judge

Registrar:
Mr. Hans Holthuis

Decision of:
16 February 2005

PROSECUTOR

v.

Vidoje BLAGOJEVIC
Dragan JOKIC

___________________________________________

DECISION ON VIDOJE BLAGOJEVICíS EXPEDITED MOTION FOR EXTENSION OF TIME IN WHICH TO FILE HIS NOTICE OF APPEAL

___________________________________________

The Office of the Prosecutor:

Mr. Norman Farrell

Counsel for the Accused:

Mr. Michael Karnavas and Ms. Suzanna Tomanovic for Vidoje Blagojevic
Mr. Miodrag Stojanovic and Mr. Branko Lukic for Dragan Jokic

 

I, MOHAMED SHAHABUDDEEN, Judge of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991 ("International Tribunal"),

NOTING the "Order Assigning Judges to a Case Before the Appeals Chamber" filed on 14 February 2005 which, inter alia, designated me to serve as Pre-Appeal Judge in this case;

NOTING that Trial Chamber I rendered its Judgement in this case on 17 January 2005 ("Judgement");

NOTING "Vidoje Blagojevicís Expedited Motion for Extension of Time in which to File his Notice of Appeal" filed by counsel for Vidoje Blagojevic ("Defence" and "Blagojevic", respectively) on 16 February 2005 ("Motion");

CONSIDERING that the Defence seeks an extension of time for the filing of the notice of appeal of 10 weeks on the ground that: (i) a decision had been made by the Office of Legal Aid and Detention to allow Blagojevic to select new counsel to handle his appeal, (ii) in light of the history in this case concerning the issue of legal representation, the Office of Legal Aid and Detention advised the Defence to refrain from drafting the points of appeal, and (iii) it would be manifest injustice to require a new counsel, unfamiliar with the case and the record, to have less than adequate time to properly file a notice of appeal.

NOTING that, on 16 February 2005, the Prosecution gave a preliminary oral indication to a Senior Legal Officer of the Appeals Chamber that, under these circumstances, it has no objection in principle to a new defence team being allowed a reasonable amount of time to file the notice of appeal;

CONSIDERING that Rule 108 of the Rules of Procedure and Evidence ("Rules") provides that "[a] party seeking to appeal a judgement shall, not more than thirty days from the date on which the judgement was pronounced, file a notice of appeal, setting forth the grounds" and that the Rule further states that "[t] he Appeals Chamber may, on good cause being shown by motion, authorise a variation of the grounds of appeal";

FINDING that, taking into consideration the particular circumstances of the case, the grounds put forward constitute "good cause" within the meaning of Rule 127(B) of the Rules for granting an extension of time of 10 weeks for filing the notice of appeal;

HEREBY GRANT the Motion and ORDER the Defence to file its notice of appeal no later than 26 April 2005.

 

Done in English and French, the English version being authoritative.

Done this 16th day of February 2005,
At The Hague,
The Netherlands

________________________
Judge Shahabuddeen
Pre-Appeal Judge

[Seal of the Tribunal]