Case No. IT-01-48-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Mehmet Güney

Registrar:
Mr. Hans Holthuis

Decision:
23 March 2006

PROSECUTOR

v.

Sefer HALILOVIC

_______________________________________

DECISION ON MOTION FOR EXTENSION OF TIME TO FILE RESPONDENTíS BRIEF

_______________________________________

The Office of the Prosecutor:

Mr. Peter Kremer

Counsel for Mr. Sefer Halilovic

Mr. Peter Morrissey
Mr. Guénaël Mettraux

 

I, MEHMET GÜNEY, 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") and Pre-Appeal Judge in the present case,

NOTING the Judgement rendered in this case on 16 November 2005 by Trial Chamber I ("Trial Judgement");

NOTING the "Prosecutionís Notice of Appeal" and the "Prosecutionís Appellantís Brief" filed on 16 December 2005 and 1 March 2006, respectively;

BEING SEISED OF the "Motion for Extension of Time to File Respondentís Brief" filed on 21 March 2006 by counsel for Sefer Halilovic ("Motion" and "Defence", respectively), in which the Defence, pursuant to Rules 54, 107 and 127 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), "seeks an order whereby the Defence would be ordered to file its Respondentís Brief no later than twenty (20) days after a BCS version of the ₣Trial Judgementğ becomes available to the Defence" with a view to allowing Mr. Halilovic to read the Trial Judgement in full, to discuss it with his counsel and to give them informed instructions before filing the Respondentís Brief;1

NOTING that the Motion relies on the ground that Mr. Halilovic has not been able to read the Trial Judgement nor to acquaint himself with all of its aspects because the Trial Judgement has not yet been translated into BCS, the language Mr. Halilovic understands;

NOTING the "Prosecution Response to Halilovicís Motion for Extension of Time to File Respondentís BriefĒ filed on 22 March 2006, wherein the Prosecution states that it takes no position on the Motion;

NOTING that, pursuant to Rule 112 of the Rules, the Defence is due to file its Respondentís Brief within forty days of the filing of the Appellantís Brief, which is no later than 10 April 2006;

CONSIDERING that, pursuant to Rule 127(A)(i) and (B) of the Rules, the time-limit for the filing of the Respondentís Brief may be enlarged on good cause being shown;

CONSIDERING that it is in the interests of justice to allow Mr. Halilovic adequate time to read the Trial Judgement in a language he understands and consult with counsel before filing his Respondentís Brief and that this constitutes "good cause" within the meaning of Rule 127 of the Rules;

CONSIDERING further that the length of the extension of time sought by the Defence is reasonable in the circumstances of the case;

FINDING that "good cause" has been shown to grant the Defenceís request of an extension of twenty (20) days within the meaning of Rule 127 of the Rules;

FOR THE FOREGOING REASONS

HEREBY GRANT the Motion;

ORDER that the time limit for the filing of the Respondentís Brief is extended until twenty (20) days after the Trial Judgement is made available to Mr. Halilovic in BCS; and

REQUEST the Registry to inform the Appeals Chamber and the parties when the Trial Judgement is served on Mr. Halilovic in BCS.

 

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

Dated this 23rd day of March 2006,
At The Hague,
The Netherlands.

______________________
Judge Mehmet Güney
Pre-Appeal Judge

[Seal of the International Tribunal]


1. Motion, para. 4.