BEFORE THE PRE-APPEAL JUDGE

Before: Judge Mohamed Bennouna, Pre-Appeal Judge

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 29 September 2000

 

PROSECUTOR

v.

ZORAN KUPREŠKIC
MIRJAN KUPREŠKIC
VLATKO KUPREŠKIC
DRAGO JOSIPOVIC
VLADIMIR SANTIC

_______________________________________________________

ORDER ON MOTION FOR CLARIFICATION

_______________________________________________________

Counsel for the Prosecutor:

Mr. Upawansa Yapa

Counsel for the Defence:

Mr. Ranko Radović, Mr. Tomislav Pasarić for Zoran Kupreškić
Ms. Jadranka Sloković-Glumac, Ms. Desanka Vranjican for Mirjan Kupreskic
Mr. Anthony Abell, Mr. John Livingston for Vlatko Kupreskic
Mr. Luko Šušak, Ms. Goranka Herljevic for Drago Josipovic
Mr. Petar Pavkovic, Mr. Mirko Vrdoljak for Vladimir Šantic

 

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 SEIZED OF the "Prosecution Motion for Clarification of the Time-Limit for Filing Response to Rule 115 Motion of Vlatko Kupreškić, or Alternatively for an Extension of Time”, filed confidentially by the Prosecution on 15 September 2000 ("the Motion for Clarification");

NOTING the "Confidential Motion, Pursuant to Rule 115, for Admission of Additional Evidence on Appeal by the Appellant, Vlatko Kupreškić” filed confidentially by the Defense for Vlatko Kupreškić on 5 September 2000 (“the Motion for Admission of Additional Evidence”);

CONSIDERING that the Motion for Clarification: i) seeks clarification as to the date by which the Response to the Motion for Admission of Additional Evidence shall be filed; and ii) in the alternative requests an extension of time pursuant to Rule 127 of the Rules of Procedure and Evidence ("the Rules") for the filing of the Response to the Motion for Admission of Additional Evidence;

NOTING that "StChe opposing party or parties shall file a response within ten days of the filing of the motion", pursuant to Article 11 of the Practice Direction on Procedure for the Filing of Written Submission in Appeal Proceedings before the International Tribunal (IT/155) ("the Practice Direction");

CONSIDERING that the time-limit for the Prosecution to file a Response to the Motion for Admission of Additional Evidence, pursuant to the Practice Direction expired on 15 September 2000;

CONSIDERING HOWEVER, that Article 14 of the Practice Direction provides that the provisions of the Practice Direction are without prejudice to any orders or decisions by the Appeals Chamber, in particular, the Appeals Chamber may vary any time-limit prescribed under the Practice Direction;

NOTING that pursuant to sub-Rules 127(A)(i) and 127(B) of the Rules the Appeals Chamber may, on good cause being shown, "enlarge or reduce any time prescribed by or under these Rules";

NOTING that the "Order" issued on 29 August 2000, with regard to the Appellants Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic and Vladimir Santic, considered that "... to the extent possible, the Appellants should submit a single Motion for additional evidence including all the additional evidence they seek to rely upon for the purposes of Rule 115 of the Rules ..." and that the time-limit for filing these motions shall be Wednesday 4 October 2000;

NOTING the "Reply on Behalf of Vlatko Kupreškić to ‘Prosecution Motion for Clarification of Time Limit for Filing Response to Rule 115 Motion for Vlatko Kupreškić or Alternatively for an Extension of Time’”, filed by the Defence for Vlatko Kupreškić on 25 September 2000, in which the Defence does not object to a single filing date for the Prosecution’s Responses to the Motion for Admission of Additional Evidence and any motion for admission of additional evidence filed by Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic and Vladimir Santic;

CONSIDERING that the granting of the extension of time sought by the Prosecution will not delay the timetable determined by the Appeals Chamber and the granting of an extension of time in this instance will therefore cause no prejudice to any party;

CONSIDERING that a single filing date for the Prosecution’s Responses to all motions for admission of additional evidence constitutes good cause pursuant to Rule 127 of the Rules in the particular context of this case;

NOTING the "Order on Application Extension of Time" issued on 28 September 2000;

HEREBY ORDERS that the Prosecution may respond to Vlatko Kupreškić’s Motion for Admission of Additional Evidence as well as any motion for additional evidence filed by Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic and Vladimir Santic on 4 October 2000 or before, ten days after the filing of all documents referred to in such motions in an official language of the International Tribunal.

 

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

________________________________
Judge Mohamed Bennouna
Pre-Appeal Judge

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

[Seal of the Tribunal]