Case No.: IT-01-45-PT


Judge Carmel Agius, Presiding
Judge Kevin Parker
Judge Christine Van Den Wyngaert

Mr. Hans Holthuis

Order of:
05 May 2006







The Office of the Prosecutor:

Mr Alan Tieger
Ms Laurie Sartorio

Counsel for the Defence

Mr Luka S. Misetic
Mr Gregory Kehoe

TRIAL CHAMBER II 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 "Chamber" and the "Tribunal");

BEING SEIZED OF "Prosecution’s Request for an Extension of Time to File Response to Defendant Ante Gotovina’s Motion to Dismiss the Proposed Joinder Indictment" filed on 03 May 2006 ("Motion"), whereby the Prosecution requests an extension of time of one week, i.e. until 12 May 2006, to file its response to "Defendant Ante Gotovina’s Preliminary Motion to Dismiss the Proposed Joinder Indictment pursuant to Rule 72 of the Rules of Procedure and Evidence on the Basis of (1) Defects in the Form of the Indictment (Vagueness/Lack of Adequate Notice of Charges) and (2) Lack of Subject Matter Jurisdiction (Ratione Materiae)" filed on 28 April 2006 ("Defence motion");

NOTING that pursuant to Rule 126bis of the Rules of Procedure and Evidence ("Rules") unless otherwise ordered by a Chamber, a response, if any, to a motion filed by a party shall be filed within fourteen days of the filing of the motion;

NOTING that the Pre-Trial Judge indicated during the Status Conference held on 7 April 2006 pursuant to Rule 65bis of the Rules, that the Prosecution shall file its responses to preliminary motions pursuant to Rule 72 of the Rules within a seven-day time limit but that the Prosecution may file, if necessary, a request for an extension of time to file its response to the Defence Motion;

NOTING that Rule 127(A)(i) of the Rules allows the Trial Chamber to grant a motion for extension of time upon a showing of good cause;

NOTING that the Prosecution submits, inter alia, that the Defence Motion is an over-sized filing that addresses important issues and that the Prosecution should be allowed the fourteen days usually permitted under the Rules to respond to the Defence Motion;

CONSIDERING that the Prosecution has shown good cause for an extension of time and has not requested more time than is allowed under the Rules to file its response;

PURSUANT TO Rules 54, 126bis and 127(A)(i) of the Rules,

HEREBY GRANTS the Motion and

ORDERS that the Prosecution shall submit its response to the Defence Motion by 12 May 2006.

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

Dated this fifth day of May 2006
At The Hague
The Netherlands

Judge Carmel Agius

[Seal of the Tribunal]