Case No.: IT-96-23 & 23/1-A

IN THE APPEALS CHAMBER

Before: Judge Mohamed Shahabuddeen, Pre-Appeal Judge

Registrar: Mr. Hans Holthuis

Decision of: 11 October 2001

THE PROSECUTOR

v.

Dragoljub KUNARAC
Radomir KOVAC
and
Zoran VUKOVIC

_________________________________________

DECISION ON PROSECUTIONíS REQUEST FOR CLARIFICATION

_________________________________________

Counsel for the Prosecutor:

Mr. Upawansa Yapa

Counsel for the Appellants:

Mr. Slavisa Prodanovic and Mr. Dejan Savatic for Dragoljub Kunarac
Mr. Momir Kolesar and Mr. Vladimir Rajic for Radomir Kovac
Mr. Goran Jovanovic and Ms. Jelena Lopicic for Zoran Vukovic

 

 

I, Mohamed Shahabuddeen, 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 Appeals Chamber") and Pre-Appeal Judge in this matter,

BEING SEIZED of the "Prosecutionís Request for Clarification", filed confidentially by the Prosecution on 26 September 2001 ("the Clarification Request"), in which the Prosecution seeks clarification of the "Decision on Prosecution Request for Extension of Time, Notice of Filing Respondentís Briefs over 100 pages and, if necessary Motion to Exceed page limit on Prosecutionís Response Briefs" dated 3 September 2001 ("Decision");

NOTING that the Clarification Request (i) seeks clarification that the Prosecutionís Consolidated Respondentís Brief is applicable not only to Kunarac and Kovac, but also to Vukovic; and (ii) and states "that if the lack of response of the Appellant Vukovic is due to a mistaken view that the Consolidated Response Brief of the Respondent does not apply to him, time be allowed to him to respond to the same";

NOTING that the Decision related to the "Prosecution Request for Extension of Time, Notice of Filing Respondent Briefs over 100 Pages and, if Necessary Motion to Exceed Page Limit of Prosecutionís Response Briefs" ("original Request");

NOTING that the original Request, which was filed on Friday 10 August 2001, sought inter alia an extension of time for filing a response to the Appellant Vukovicís Appellantís Brief, the time for filing the response being due to expire on Monday 13 August 2001, that is to say, on the working day next after the day on which the original Request was made;

NOTING that, in paragraph 6 of the Clarification Request, the Prosecution correctly described its original Request as "belated", and then expressed itself as "recognising that a ruling from the Appeals Chamber was not forthcoming before the stipulated date of filing, that is 13 August 2001"; and noting that, in practice, such a ruling could not be made before the stipulated date of filing unless it was made on the day on which the extension was requested, the latter day being the last working day before the former, as mentioned above;

NOTING that on 13 August 2001 the Prosecution filed confidentially its Respondentís brief separately relating to the Appellant Vukovic, and that it filed confidentially a Consolidated Respondentís Brief on 15 August 2001 relating in part to that Appellant and otherwise to the two other Appellants and not only to the last two as incorrectly stated in the Decision;

NOTING that on 28 August 2001 the Appellant Vukovic filed his reply to the Prosecutorís Respondentís Brief separately relating to him, but that he has not replied to relevant parts of the Prosecutorís Consolidated Respondentís Brief;

CONSIDERING that, in general, it is inconvenient for a party to see the case relating to him presented by another party at the same stage partly in one brief and partly in another;

CONSIDERING, however, that it is desirable that a total view of the matter is available to the Appeals Chamber, and that the Appellant Vukovic (like the other Appellants) has not responded to the Clarification Request;

HEREBY ORDER as follows:

1. the Prosecutionís Consolidated Respondentís Brief is deemed and accepted as having been validly filed on 15 August 2001 in respect of all three Appellants with the authorisation of the Appeals Chamber;

2. the Appellant Vukovic is given leave to reply within 15 days of the filing of this order to those parts of the Prosecutionís Consolidated Respondentís Brief which concern him;

3. the Decision is varied to give effect to the above.

 

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

_____________________________
Mohamed Shahabuddeen
Pre-Appeal Judge

Dated this 11th day of October 2001
At The Hague
The Netherlands

[Seal of the Tribunal]