Case No. IT-95-11-PT

IN TRIAL CHAMBER I

Before:
Judge Joaquín Martín Canivell, Pre-trial Judge

Registrar:
Mr. Hans Holthuis

Order of:
20 September 2004

PROSECUTOR

v.

Milan MARTIC

__________________________________

Ex parte

DECISION ON DEFENCE MOTION FOR EXTENSION OF TIME TO FILE AN APPEAL

__________________________________

The Office of the Prosecutor:

Ms. Hildegaard Uertz-Retzlaff

Counsel for the Accused:

Mr. Predrag Milovancevic

 

I, Joaquín Martín Canivell, Judge in Trial Chamber I ("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 ("Tribunal");

NOTING the decision of 23 May 2003 of the Presiding Judge of the Chamber to appoint me as the Pre-Trial Judge in the case The Prosecutor vs. Milan Martic ("the Accused");

NOTING that the "Motion for recognizing as validly done filing of appeal of decision on defenceís motion for review or Registrarís decision not to rank the case to level III of complexity" ("Motion"), filed on 13 September 2004, whereby the Defence requests an extension of time to file an appeal against the "Decision on Defenceís motion for review of Registrarís decision not to rank the case to level III complexity" filed by the Trial Chamber on 1 July 2004 ("Decision");

NOTING that certification to appeal the Decision was granted on 27 July 2004 ("Certification"); that the Defence did not file an appeal within the seven days prescribed under Rule 73 of the Rules of Procedure and Evidence ("Rules");

NOTING that the Defence filed an "Appeal of Decision on Motion for Review of Registrarís Decision not to rank the case to Level III of complexity" before the Appeals Chamber on 13 September 2004 ("Appeal");

CONSIDERING that, under Rule 127 (A) of the Rules, "a Trial Chamber may, on good cause being shown by motion (ii) recognize as validly done any act done after the expiration of a time so prescribed on such terms, if any, as is thought just and whether or not that time has already expired"; that Rule 127 (B) provides that: "SiCn relation to any step falling to be taken in connection with an appeal or application for leave to appeal, the Appeals Chamber or a bench of three Judges of that Chamber may exercise the like power as is conferred by paragraph (A) and in like manner and subject to the same conditions as are therein set out;

CONSIDERING that the Motion relates to the admissibility, under Rule 127 of the Rules, of the Appeal; that it belongs to the Appeals Chamber to make such a determination;

CONSIDERING therefore that the Motion was mistakenly directed to the Trial Chamber;

FOR THE FOREGOING REASONS,

PURSUANT to Rule 127 of the Rules;

REJECT the Motion.

 

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

Dated this Twentieth Day of September 2004
At The Hague,
The Netherlands.

______________________
Joaquín Martín Canivell,
Pre-Trial Judge

[Seal of the Tribunal]