BEFORE THE APPEALS CHAMBER
Before:
Judge Patricia Wald, Presiding
Judge Lal Chand Vohrah
Judge Rafael Nieto-Navia
Judge Fausto Pocar
Judge Liu Daqun
Registrar:
Mr. Hans Holthuis
Order of:
30 May 2001
PROSECUTOR
v.
ZORAN KUPRESKIC
MIRJAN KUPRESKIC
VLATKO KUPRESKIC
DRAGO JOSIPOVIC
VLADIMIR SANTIC
_______________________________________________________
DECISION ON THE PROSECUTION’S MOTION
SEEKING LEAVE TO FILE AN AMENDED APPEAL BRIEF
_______________________________________________________
Counsel for the Prosecutor:
Mr. Upawansa Yapa
Counsel for the Defence:
Mr. Ranko Radovic, Mr. Tomislav Pasarić for
Zoran Kupreskic
Ms. Jadranka Slokovic-Glumac, Ms. Desanka Vranjican for Mirjan Kupreskic
Mr. Anthony Abell, Mr. John Livingston for Vlatko Kupreskic
Mr. William Clegg Q.C., Ms. Goranka Herljevic for Drago Josipovic
Mr. Petar Pavkovic, Mr. Mirko Vrdoljak for Vladimir Santic
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"),
BEING SEIZED OF the "Prosecution’s Motion Seeking Leave to File an Amended Appeal Brief" filed on 15 May 2001 ("the Motion"), which seeks leave from the Appeals Chamber to file an amended Appeal Brief in lieu of its Appeal Brief filed on 3 July 2000;
NOTING that the "Prosecution’s Amended Appeal Brief" has been filed with the Motion;
NOTING that no appellant has filed a response to the Motion;
CONSIDERING that no appellant has filed a Respondent’s Brief under Rule 112 of the Rules of Procedure and Evidence ("the Rules") in response to the Appeal Brief of 3 July 2000;
CONSIDERING that as the jurisprudence of the International Tribunal has developed since the Appeal Brief of 3 July 2000 was filed it would be in the interests of justice for the Prosecution to clarify its arguments on appeal in the light of those developments;
HEREBY GRANTS the Motion and ORDERS that the Prosecution’s Amended Appeal Brief shall substitute the Appeal Brief of 3 July 2000 as the Prosecution’s appeal brief of argument under Rule 111 of the Rules;
Done in both English and French, the English text being authoritative.
___________________________
Patricia Wald
Presiding Judge
Dated this 30th day of May 2001
At The Hague,
The Netherlands.
[Seal of the Tribunal]