Case No.: IT-95-14-A

BEFORE THE PRE-APPEAL JUDGE

Before: Judge Fausto Pocar, Pre-Appeal Judge

Registrar: Mr. Hans Holthuis

Decision of: 29 January 2002

PROSECUTOR

v.

TIHOMIR BLASKIC

___________________________________________________________

DECISION ON PROSECUTIONíS REQUEST FOR AN EXTENSION OF TIME AND FOR AUTHORISATION TO EXCEED THE PAGE LIMIT FOR ITS RESPONSE TO THE APPELLANTíS BRIEF

___________________________________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Appellant:

Mr. Anto Nobilo
Mr. Russell Hayman
Mr. Andrew Payley

 

I, FAUSTO POCAR, Judge of the Appeals Chamber 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 ("the International Tribunal"),

BEING SEISED of the "Prosecution Request for an Extension of Time and for an Authorisation to Exceed the Page Limit for its Response to the Appellantís Brief" filed on 23 January 2002, in which the Prosecution requests the Appeals Chamber to grant a total of 120 days within which to file its Respondentís Brief, and to grant authorization to exceed the applicable page limit set out in the Practice Direction on the Length of Briefs and Motions IT/184 ("the Practice Direction IT/184") to a maximum of 300 pages;

NOTING the "Decision on Appellantís Motion to Extend Deadline for Filing Appellantís Brief and request for Authorization to Exceed the Page Limit for Appellantís Brief" issued by the Appeals Chamber on 7 November 2001;

NOTING that the "Appellantís Brief on Appeal" (the "Appellantís Brief") filed confidentially on 14 January 2002, is 192 pages long, nevertheless it is not in compliance with the Practice Direction IT/184 which provides inter alia, that an average page of briefs and motions should contain fewer than 300 words1;

CONSIDERING that generally, counsel appearing before the International Tribunal must familiarize themselves with, inter alia, the Practice Directions and in any event, counsel for the Appellant Tihomir Blaskic are familiar with the Practice Direction on issue;

CONSIDERING however, that at this stage it is preferable to consider the Appellantís Brief as currently filed in order to avoid further delays in the proceedings that would be contrary to the interests of justice;

PURSUANT to Rule 127 of the Rules of Procedure and Evidence of the International Tribunal and Article (C) 7 of Practice Direction IT/184;

HEREBY GRANT the authorization sought by the Prosecution to exceed the applicable page limit set out in the Practice Direction IT/184 and allow it to file a Respondentís Brief of 300 pages in total;

ORDER that the deadline for filing the Respondentís Brief shall be further extended to 30 April 2002, and that the Appellantís Brief in Reply shall be filed by 15 May 2002.

 

Done in both English and French, the English text being authoritative.

________________________________
Fausto Pocar
Pre-Appeal Judge

Dated this twenty ninth day of January 2002
At The Hague,
The Netherlands.

[Seal of the Tribunal]


The Practice Direction IT/184 page 2 at (B). See also page 3 at (C) 6.