Case No.: IT-97-25-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Theodor Meron, Pre-Appeal Judge

Registrar:
Mr. Hans Holthuis

Decision of:
30 October 2002

PROSECUTOR
v.
MILORAD KRNOJELAC

_________________________________________________________________________

DECISION ON PROSECUTION’S MOTION FOR VARIATION OF TIME LIMITS

________________________________________________________________________

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 ("International Tribunal") and Pre-Appeal Judge in this case,

BEING SEISED of the "Prosecution Motion for Variation of Time Limits" filed by the Office of the Prosecutor ("Prosecution") on 29 October 2002 pursuant to Rule 127 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), in which the Prosecution seeks to have recognised as validly done the late filing of the public version of its briefs in response and in reply;

CONSIDERING that the Prosecution filed confidentially the "Prosecution Respondent’s Brief" and the "Prosecution Brief in Reply" respectively on 30 September 2002 and on 10 October 2002 (together "Prosecution’s Briefs");

CONSIDERING that a public version of the Prosecution’s Briefs was filed only on 29 October 2002;

CONSIDERING the "Order on the Filing of the Public Version of Appellate Documents" of 9 August 2002 which provides, inter alia, that the "public version of subsequent confidential filings be filed at the same time as the confidential originals unless an extension of time by motion is granted" ("Order");

CONSIDERING that the Prosecution alleges that (i) the above mentioned "provision of the Order was by oversight not complied with at the time of filing of the ‘Prosecution Respondent’s Brief’ and the ‘Prosecution Brief in Reply’" and (ii) "no prejudice has been caused to the Defence by this delay";

CONSIDERING that the excuse offered by the Prosecution is inadequate;

CONSIDERING, however, that the public necessities of the case constitute good cause under Rule 127(A) of the Rules;

DECIDE to recognize the late filing of the public version of the Prosecution’s Briefs as validly done under Rule 127(A)(ii) of the Rules;

 

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

______________________
Theodor Meron
Pre-Appeal Judge

Done this thirtieth day of October 2002,
At The Hague,
The Netherlands.

[Seal of the Tribunal]