IN THE APPEALS CHAMBER

Before: Judge Mohamed Bennouna, Pre-Appeal Judge

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 29 June 2000

PROSECUTOR

v.

ZORAN KUPRESKIC
MIRJAN KUPRESKIC
VLATKO KUPRESKIC
DRAGO JOSIPOVIC
VLADIMIR SANTIC

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ORDER ON MOTIONS FOR EXTENSION OF TIME

_______________________________________________________

Counsel for the Prosecutor:

Mr. Upawansa Yapa

Counsel for the Defence:

Mr. Ranko Radovic, Mr. Tomislav Pasaric for Zoran Kupreskic
Ms. Jadranka Slokovic-Glumac, Ms. Desanka Vranjican for Mirjan Kupreskic
Mr. Anthony Abell, Mr. John Livingston for Vlatko Kupreskic
Mr. Luko Susak, Ms. Goranka Herljevic for Drago Josipovic
Mr. Petar Pavkovic, Mr. Mirko Vrdoljak for Vladimir Santic

 

I, MOHAMED BENNOUNA, 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"),

HAVING BEEN APPOINTED as pre-appeal Judge in this matter by virtue of an order of the Appeals Chamber dated 16 May 2000,

BEING SEISED of a "Motion for extension of time to file Appellant’s Brief on behalf of Vlatko Kupreskic" filed on 27 June 2000, in which an extension of the time-limit for the filing of the Appellant’s Brief until 3 September 2000 is sought, based upon reasons, inter alia, in relation to the recent change in the assignment of Counsel for the Appellant ("the Motion"),

BEING SEISED of a "Motion for extension of time file (sic) Appellation’s (sic) Brief on behalf of Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic and Vladimir "Vlado" Santic" filed on 28 June 2000, in which Appellants join in the Motion based upon the reason that Appellants need additional time to review documents to be released by the new government of the Republic of Croatia ("the Second Motion"),

NOTING the "Prosecution Response to the Motion for extension of time to file Appellant’s Brief on behalf of Vlatko Kupreskic" filed by the Office of the Prosecutor on 29 June 2000, in which it is inter alia argued that the change in the assignment of Counsel for the Appellant may constitute good cause, and that if the extension of time is granted it should be applicable to the other parties in the appeal,

NOTING the "Order Granting Extension of Time and Scheduling Order" issued by the Appeals Chamber on 18 April 2000, in which an extension of the time-limit for the filing of the Appellants’ Briefs was granted until 2 June 2000 ("the 18 April Order"),

NOTING the "Decision on Petition of the Counsels of Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic, and Vladimir Santic" and the "Scheduling Order", respectively issued by the Appeals Chamber on 16 May and 21 June 2000, in which a further extension of the time-limit for the filing of the Appellants’Briefs was granted until 3 July 2000,

NOTING the Decision to assign Mr. Anthony Abell as counsel to the Appellant Vlatko Kupreskic, and the Decision to assign Mr. John Livingston as co-counsel to the Appellant Vlatko Kupreskic, issued by the Deputy Registrar of the International Tribunal on 24 May 2000 and 16 June 2000, respectively,

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

CONSIDERING that the change in the assignment of counsel for the Appellant in this case constitutes good cause for extending the time-limit for the filing of the Appellant’s Brief of Vlatko Kupreskic,

CONSIDERING that, as previously held by the Appeals Chamber in the 18 April Order, the Appellants have not shown a need for further additional time to review the documents they seek from the Croatian government, and that Rule 115 of the Rules provides that motions seeking to present additional evidence not available at trial may be filed up to fifteen days before the date of the hearing,

HEREBY GRANT the Motion and ORDER that the Appellant Vlatko Kupreskic shall file his Appellant’s Brief under Rule 111 by 4 September 2000, and

DENY the Second Motion and ORDER that the time-limit for the filing of the Appellants’ Briefs of the other Appellants shall remain unchanged.

 

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

________________________________
Judge Mohamed Bennouna
Pre-Appeal Judge

Dated this twenty-ninth day of June 2000
At The Hague,
The Netherlands.

[Seal of the Tribunal]