Case No. IT-02-61-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Inés Mónica Weinberg de Roca, Presiding

Registrar:
Mr. Hans Holthuis

Decision of:
11 May 2004

PROSECUTOR

v.

MIROSLAV DERONJIC

__________________________________

ORDER GRANTING EXTENSION OF TIME

__________________________________

Counsel for the Prosecutor:

Ms. Susan Somers

Counsel for the Defence:

Mr. Slobodan Cvijetic
Mr. Slobodan Zecevic

 

I, Inés Mónica Weinberg de Roca, Pre-Appeal Judge in this case;1

BEING SEISED OF the "Urgent request for continuance of time-limit to file a Notice of Appeal" filed 14 April 2004 ("First Motion") by Miroslav Deronjic ("Appellant") in which the Appellant seeks an extension of time limit for filing the Notice of Appeal, on the basis that both the Appellant and his lead counsel require the translation in order to understand the "Sentencing Judgement" of 30 March 2004 ("Judgement");

BEING FURTHER SEISED OF the "Urgent request for continuance of time-limit to file Appellantís Brief" filed 7 May 2004 ("Second Motion"), in which the Appellant requests that the seventy five day limit for filing his Appellantís Brief run from the date on which the Judgement is translated into BCS, on the basis that both the Appellant and his lead counsel require the translation in order to understand the Judgement;

NOTING that "Miroslac Deronjicís Notice of Appeal" was filed on 28 April 2004, which renders the First Motion moot;

NOTING that pursuant to Rule 111 of the Rules of Procedure and Evidence ("Rules") the deadline for filing the Appellantís Brief is seventy-five days after the filing of the Notice of Appeal, that is 5 July 2004;

NOTING that pursuant to Rule 127 of the Rules, a time limit may be varied on a showing of good cause;

NOTING that the BCS translation of the Judgement is expected at the end of June 2004;

CONSIDERING that "good cause" within the meaning of Rule 116 of the Rules has been shown given that the Appellant is not able to fully understand and analyse the Judgement in English;

CONSIDERING, however, that in the circumstances of this sentencing appeal, which is of limited scope, it has not been demonstrated why the Appellant requires seventy-five days from the receipt of the BCS translation in order to prepare his Appellantís Brief;

CONSIDERING further that the Appellant is already on notice of matters which form the basis of his appeal through the course of the proceedings, the summary of the Judgement in BSC, and the English language version of the Judgement, and that therefore he and his defence team can begin to prepare certain aspects of the Appellantís Briefs prior to the communication of the BCS translation of the Judgement;

HEREBY

  1. DISMISS the First Motion as moot;
  2. GRANT the Second Motion in part; and
  3. ORDER that the Appellantís Brief is due thirty days from the communication of the Judgement in the BCS language.

 

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

__________________________
Inés Mónica Weinberg de Roca
Pre-Appeal Judge

Dated this 11th day of May 2004,
At The Hague,
The Netherlands.

[Seal of the International Tribunal]


1. "Order assigning Judges to a case before the Appeals Chamber and designating a Pre-Appeal Judge", 19 April 2004.