Case: IT-95-14/2-A

IN THE APPEALS CHAMBER

Before: Judge David Hunt, Pre-Appeal Judge

Registrar: Mr Hans Holthuis

Decision of: 26 September 2001

PROSECUTOR

v

Dario KORDIC & Mario CERKEZ

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DECISION AUTHORISING REPLY BRIEF TO EXCEED THE LIMIT IMPOSED BY THE PRACTICE DIRECTION ON THE LENGTH OF BRIEFS AND MOTIONS

___________________________________________________

Office of the Prosecutor:

Mr Upawansa Yapa and Mr Norman Farrell

Counsel for the Defence:

Mr Mitko Naumovski for Dario Kordic
Mr Bozidar Kovacic and Mr Goran Mikulicic for Mario Cerkez

 

I, DAVID HUNT, 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 ("the International Tribunal");

BEING SEISED of the "Motion for Authorization to Exceed the Page Limit of the Reply Brief of the Prosecution" filed by the prosecution on 21 September 2001 ("the Motion"), seeking a 15 pages extension of the page limit to file its Reply Brief to the Respondentís Briefs;

NOTING the "Appellant Mario Cerkezís Response to Prosecutionís Motion for Authorization to Exceed the Page Limit of the Reply Brief of the Prosecution" filed on 24 September 2001, in which he does not oppose the Motion;

NOTING that paragraph (C)1(c) of the Practice Direction on the Length of Briefs and Motions (IT/184) of 19 January 2001 ("the Practice Direction") provides that "[t]he reply brief of an appellant in an appeal from a final judgement of a Trial Chamber will not exceed 30 pages or 9,000 words, whichever is greater";

CONSIDERING that in the Motion it is submitted, inter alia, that a consolidated Reply Brief will be filed in relation to both the Respondentís Briefs filed in this case;

CONSIDERING that the limitation imposed by the Practice Direction is primarily directed to a Reply Brief that is filed in response to a single Respondentís Brief;

CONSIDERING that in the circumstances of this case it is not unreasonable that a joint Reply Brief exceeding the 30 pages limit and addressing both the Respondentís Briefs be filed;

HEREBY DECIDE to grant the Motion.

 

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

______________
Judge David Hunt
Pre-Appeal Judge

Dated this 26th day of September 2001,
At The Hague,
The Netherlands.

[Seal of the Tribunal]