Case No. IT-04-82-PT

IN TRIAL CHAMBER II

Before:
Judge Albin Eser, Pre-Trial Judge

Registrar:
Mr. Hans Holthuis

Order of:
28 November 2005

PROSECUTOR

v.

Ljube BOSKOSKI
Johan TARCULOVSKI

_________________________________________

ORDER IN RELATION TO THE DEFENCE REQUEST FOR EXTENSION OF TIME

_________________________________________

Counsel for the Prosecutor:

Mr. Dan Saxon
Mr. William Smith
Mr. Anees Ahmed

Counsel for the Accused:

Mr. Dragan Godzo 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 the Order of 5 April 2005 issued by the Presiding Judge of the Trial Chamber pursuant to Rule 65 ter of the Rules of Procedure and Evidence of the Tribunal ("Rules") designating me as the Pre-Trial Judge in this case;

BEING SEIZED OF "Confidential Defence Motion to Ensure a Fair Trial" ("Motion") filed on 14 November 2005 by the accused Ljube Boskoski ("Accused"), in which he asserts that the disclosure conducted by the Prosecution pursuant to Rule 66(A)(i) and (ii) and Rule 65 ter (E)(iii) of the Rules, lacks translation of a number of witness statements and other documents in the language of the Accused, and also lacks the statements of sixteen witnesses entirely, and he requests, on these grounds and the alleged need for the Office of the Prosecutor ("Prosecution") to fully disclose exculpatory material,1 extension of the deadline for the filing of the Defence Pre-Trial Brief;

NOTING "Second Scheduling Order Setting Time for Submissions" issued on 28 October 2005, whereby I ordered that the Defence Pre-Trial Brief be due by 5 December 2005;

NOTING "Motion to Compel Disclosure of All Exculpatory Evidence in the Possession of the Office of the Prosecutor Pursuant to Rule 68" filed on 11 November 2005 by the Accused;

NOTING "Prosecutionís Response to Accused Boskoskiís ĎMotion to Compel Disclosure of All Exculpatory Evidence in the Possession of the Office of the Prosecutor Pursuant to Rule 68í with Annexes A, B and C" filed on 21 November 2005 by the Prosecution;

NOTING "Prosecutionís Revised Response to Accused Ljube Boskoskiís ĎMotion to Compel Disclosure of All Exculpatory Evidence in the Possession of the Office of the Prosecutor Pursuant to Rule 68í with Annexes A, B and C" filed on 22 November 2005 by the Prosecution;

NOTING "Prosecutionís Response to the Accused Boskoskiís ĎDefence Motion to Ensure a Fair Trialí" filed on 23 November 2005 by the Prosecution, in which the Prosecution indicates that it does not oppose the extension of time to file the Defence Pre-Trial Brief, as long as such extension is limited, reasonable, and not contingent on the Prosecutionís compliance with Rules 66(A)(ii) and 65 ter (B) of the Rules;

CONSIDERING that due regard has to be given to the present situation in relation to the planning of the start of the trial, the ongoing process of the disclosure of relevant material to the Defence and related issues;

CONSIDERING that in light of these elements, a postponement of the date of the filing of the Defence Pre-Trial Brief is justified;

PURSUANT TO Rule 65 ter (B) and (F) of the Rules;

HEREBY GRANT the Motion in part AND ORDER that the deadline for the filing of the Defence Pre-Trial Brief be extended until further notice.

 

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

Dated this twenty-eighth day of November 2005,
At The Hague,
The Netherlands

______________________
Judge Albin Eser
Pre-Trial Judge

[Seal of the Tribunal]


1. See infra Motion to Compel Disclosure of All Exculpatory Evidence in the Possession of the Office of the Prosecutor Pursuant to Rule 68, 11 November 2005.