Case No.: IT-97-25-A

BEFORE THE PRE-APPEAL JUDGE

Before: Judge Theodor Meron, Pre-Appeal Judge

Registrar: Mr. Hans Holthuis

Decision of: 16 September 2002

PROSECUTOR
v.
MILORAD KRNOJELAC

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DECISION ON REQUEST FOR EXTENSION OF TIME

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Counsel for the Prosecutor:

Mr. Christopher Staker

Counsel for the Defence:

Mr. Mihajlo Bakrac

 

I, THEODOR MERON, 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"),

BEING SEISED of "The Defence Request for the Extension of Time in which to File the Response to the Prosecutionís Appeal Brief" filed by counsel for Milorad Krnojelac (the "Defence") on 6 September 2002 (the "Defence Request");

NOTING the "Prosecutionís Response to the Defence Request for Extension of Time" filed by the Office of the Prosecutor (the "Prosecution") on 6 September 2002 (the "Response");

NOTING that pursuant to the "Decision on Requests for Extension of Time" of 20 June 2002 and the "Decision on further Requests for Extension of Time" of 16 July 2002, the Prosecution filed its appeal brief on 5 August 2002 (the "Prosecution Appeal Brief") and the Defence was to file its response on or before 16 September 2002; while the Defence filed its appeal brief on 21 August 2002 and the Prosecution is to file its response by 30 September 2002;

NOTING that the Defence seeks an additional nine days in which to file its response to the Prosecution Appeal Brief in this matter because it did not receive its copy of the Prosecution Appeal Brief until four days after the filing date; because the timetable necessitated that the Defence prepare its response to the Prosecution Appeal Brief during the same period it was preparing its own appeal brief; because the Defence was in Scheveningen taking instructions for five days during the drafting period, and because the length of the Prosecutionís Appeal Brief has been extended from 100 to 130 pages since the original briefing schedule was set;

NOTING that no evidence has been tendered in support of the Defence claim that it received the Prosecution Appeal Brief four days after the filing date;

CONSIDERING that Rule 127 of the Rules of Procedure and Evidence of the International Tribunal (the "Rules) provides that "on good cause being shown by motion" the Appeals Chamber may "enlarge or reduce any time prescribed by or under these Rules";

CONSIDERING that the absence of evidence in support of the Defence claim that it received the Prosecution Appeal Brief four days after the filing date undermines the force of that argument;

CONSIDERING that all counsel are expected to take instructions from their clients, and that the performance of this fundamental part of counselís duty does not constitute good cause for enlargement of a time limit;

CONSIDERING however that the fact that the Defence had to draft its own Appeal Brief during the same time it had to draft its response to the Prosecution Appeal will have shortened the time available to draft that response;

CONSIDERING further that the increase in the size of the Prosecution Appeal Brief from 100 to 130 pages may increase the time necessary to respond to that Brief;

NOTING that the Prosecution in its Response does not oppose the granting of the Defence Request;

FINDING therefore that there is good cause in the terms of Rule 127 of the Rules to grant the Defence Request;

PURSUANT TO Rules 112, 113 and 127 of the Rules;

HEREBY GRANT the Defence Request and ORDER as follows:

  1. the Defence shall file its response to the Prosecution Appeal Brief (the "Defence Response") by 25 September 2002;
  2. the Prosecution shall file its reply to the Defence Response by 10 October 2002.

 

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

______________________
Theodor Meron
Pre-Appeal Judge

Done this sixteenth day of September 2002,
At The Hague,
The Netherlands.

[Seal of the Tribunal]