Case No. IT-04-84-PT
IN TRIAL CHAMBER II
Before:
Judge Hans Henrik Brydensholt, Pre-trial Judge
Registrar:
Mr. Hans Holthuis
Order of:
5 May 2005
PROSECUTOR
v.
Ramush HARADINAJ
Idriz BALAJ
Lahi BRAHIMAJ
_____________________________________________
DECISION ON PROSECUTION’S URGENT APPLICATION FOR AUTHORISATION TO EXCEED PAGE LIMIT FOR RESPONSES
_____________________________________________
The Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Dermot Groome
Ms. Marie Tuma
Accused / Counsel for the Accused:
Ramush Haradinaj
Mr. Rodney Dixon
Mr. Ben Emmerson
Mr. Conor Gearty
Mr. Michael O’Reilly
Idriz Balaj
Mr. Gregor Guy-Smith
Lahi Brahimaj
Mr. Richard Harvey
I, Hans Henrik Brydensholt, Judge 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 "Urgent Prosecution’s Application for Authorization to Exceed the Page Limit for Responses" ("Application"), filed on 4 May 2005, wherein the Prosecution requests to be authorised to file a response consisting of 18 pages to the "Defence Motion on Behalf of Ramush Haradinaj for Provisional Release" ("Defence Motion"), filed on 21 April 2005, the Prosecution thereby exceeding the page limit of 10 pages imposed by the Tribunal’s Practice Direction on the Length of Briefs and Motions ("Practice Direction")1;
NOTING that in support of its Application, the Prosecution submits that the complexity of the issues raised in the Defence Motion necessitate the oversized filing;
CONSIDERING that, under paragraph 7 of the Practice Direction, the Trial Chamber may give authorisation to a party to exceed the specified page limit if the party
(a) seeks authorisation in advance, and
(b) provides an explanation of the exceptional circumstances that necessitate the oversized filing;
CONSIDERING that the Defence Motion consists of 10 pages and 13 attachments;
FINDING that the volume and complexity of the Defence Motion constitute exceptional circumstances that justify giving authorisation for an extension of the page limit;
PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Tribunal
HEREBY GRANTS the Application.
Done in English and French, the English version being authoritative.
Dated this fifth day of May 2005
At The Hague
The Netherlands
____________________________
Hans Henrik Brydensholt
Pre-trial Judge
[Seal of the Tribunal]