Case No. IT-04-82-PT

IN TRIAL CHAMBER II

Before:
Judge Albin Eser, Pre-Trial Judge

Registrar:
Mr. Hans Holthuis

Order of:
13 April 2006

PROSECUTOR

v.

Ljube BOSKOSKI
Johan TARCULOVSKI

_____________________________________________

DECISION ON MOTIONS FOR EXTENTION OF TIME AND SCHEDULING ORDER

_____________________________________________

The Office of the Prosecutor:

Mr. Dan Saxon
Mr. Anees Ahmed

Counsel for the Accused:

Mr. Dragan Godzo and Ms. Edina Residovic for Ljube Boskoski
Mr. Antonio Apostolski for Johan Tarculovski

 

I, Albin Eser, Judge of TRIAL CHAMBER II ("Trial 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 ("Tribunal"):

NOTING "Prosecutionís Motion for Leave to Amend its Original Rule 65ter Witness List dated 7 November 2005 With Annexes A and B", filed confidentially by the Prosecution on 3 April 2006 ("Witness List Motion");

NOTING that five expert reports were filed by the Prosecution on 31 March 2006 as part of the "Prosecutionís Notice of Compliance With the Pre-trial Judgeís Third Scheduling Order Setting Time for Submissions Dated 15 December 2005 and Submission of First Amended Witness List, First Amended Exhibit List and Expert Reports with Annexes A to G" ("Expert Reports");

NOTING the "Prosecutionís Third Motion for Admission of Written Statements in Lieu of Viva Voce Testimony Pursuant to Rule 92bis and Attached Annexes A, B and C" filed confidentially on 31 March 2006; ("Third 92bis Motion");

BEING SEISED OF "Defence Motion for Extension of Time" filed 7 April 2006 by Defence Counsel for Ljube Boskoski, whereby an extension to file a response to the Third 92bis Motion was requested until 21 April 2006 and "Defence Motion for Extension of Time" filed by Defence Counsel for Johan Tarculovski on 10 April 2006, whereby an extension to was requested until 24 April 2006 to respond to the Third 92bis Motion (together "Motions for Extension to Respond to Third 92bis Motion");

BEING SEISED OF "Defence Motion Pursuant to Rule 94bis Disclosure of Expert Reports" filed on 6 April 2006 by Defence Counsel for Ljube Boskoski, whereby the Defence requests an extension to file its response to the Expert Reports ("Motion for Extension to Respond to Expert Reports");

NOTING the "Prosecutionís Response to the Defence Motion Pursuant to Rule 94bis Disclosure of Expert Reports Filed by Counsel for Accused Boskoski", filed on 10 April 2006;

NOTING that the Trial Chamberís Scheduling Order of 15 December 2005 ordered both Parties to report on the progress made in relation to the First and Second Proposal on agreed fact, contained in Annex E and F of the Prosecutionís Pre-Trial Brief by 5 May 2006 ("Agreed Facts Proposals");

NOTING the oral decisions on Motions for Extension to Respond to Third 92bis Motion and Motion for Extension to Respond to Expert Reports taken during the Status Conference of 11 April 2006;1

CONSIDERING that at the Rule 65ter meeting and the Status Conference, the parties discussed the extension of time, issues relating to agreed facts as well as issues relating to exhibits;

HEREBY

PURSUANT TO Rule 54, 65ter (E) and (F), Rule 92 bis, Rule 94 bis and 127 of the Rules;

GRANT the Motions for Extension to Respond to Third 92bis Motion and the Motion for Extension to Respond to Expert Reports, and;

ORDER

  1. that from the date the Trial Chamber issues its decision on the Witness List Motion, the Defence has fourteen (14) days to respond to the Third 92bis Motion;

  2. that the Defence has until 16 June 2006 to respond to the Expert Reports;

  3. that both Parties report on the progress made in relation to the Agreed Facts Proposals no later than 16 June 2006;

  4. that the Defence indicate by 30 June 2006 whether they challenge the authenticity of the exhibits proposed by the Prosecution, and which exhibits they agree to have admitted, if any;

  5. that should the Prosecution wish to file a motion for the admission of witness statements pursuant to Rule 92bis of the Rules, such motion should be filed no later than 15 May 2006.

 

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

Dated this 13th day of April 2006,
At The Hague
The Netherlands

________________________
Judge Albin Eser
Pre-Trial Judge

[Seal of the Tribunal]


1. T. 152 and 154.