THE APPEALS CHAMBER OF THE INTERNATIONAL TRIBUNAL

Before: Judge Rafael Nieto-Navia, Presiding

Judge Wang Tieya

Judge Almiro Simoes Rodrigues

Judge David Hunt

Judge Mohamed Bennouna

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 12 February 1999

 

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC a/k/a "PAVO"
HAZIM DELIC
ESAD LANDZO a/k/a "ZENGA"

___________________________________________________________

ORDER

___________________________________________________________

The Office of the Prosecutor:

Mr. Yapa Upawansa

Counsel for the Accused:

Mr. John Ackerman, for Zejnil Delalic
Ms. Nihada Buturovic, Mr. Howard Morrison, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Ms. Cynthia Sinatra, for Esad Landzo

 

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"),

NOTING "Esad Landzoís Request for Extension of Time-Limits Pursuant to Rule 116", filed on 10 December 1998 ("Landzo Request I");

NOTING "Esad Landzoís Amended Request for Extension of Time-Limits Pursuant to Rule 116", filed on 10 December 1998 ("Landzo Request II"), in which Mr. Landzo requests that the Registrar provide him with a copy of the certified record on appeal, and that he be granted an extension of time for designation of the record;

NOTING "Zdravko Mucicís Request for an Extension of Time Limits Pursuant to Rule 127", filed on 31 December 1998, wherein Mr. Mucic asks that the deadline for the filing of his Appellate Brief be extended from 1 March 1999 to 31 August 1999;

NOTING the "Appellant - Cross Appellee Hazim Delicís Designation of the Record on Appeal Pursuant to Rule 109", filed on 4 January 1999;

NOTING "Esad Landzoís Request for Certified Copy of Record", filed on 6 January 1999 ("Landzo Request III"), in which Mr. Landzo requests that the Registrar provide counsel with a complete certified copy of the entire trial record;

NOTING "Appellant - Cross Appellee Hazim Delicís Motion for Extension of Time to File Appellate Brief", filed on 15 January 1999 wherein Mr. Delic requests that any time extension granted to Mr. Mucic be extended to all Appellants alike;

NOTING "Esad Landzoís Designation of the Record", filed on 29 January 1999 ("Landzo Request IV");

NOTING "Esad Landzoís Motion to Preserve and Provide Evidence", filed on 4 February 1999 ("Landzo Request V"), in which he requests that a true and complete copy of the daily videotapes produced by Camera 3 in Courtroom I be made available to his counsel on 26 April 1999;

NOTING the "Motion to Sever the Appeal of Zejnil Delalic from that of other Celibici Defendants", filed on 10 February 1999 ("Delalic Request");

TREATING Landzo Request II as replacing Landzo Request I;

CONSIDERING that Rule 116 of the Rules of Procedure and Evidence ("Rules) on which Landzo Request II relies was deleted from the Rules effective from 12 November 1997;

CONSIDERING that Sub-rule 127(A) of the Rules is the applicable provision allowing the variation of time-limits;

TREATING Landzo Request II as having been filed pursuant to Sub-rule 127(A);

CONSIDERING the Appellant Mr. Mucicís designation of the entire trial record on appeal pursuant to Rule 109;

CONSIDERING the Appellant Mr. Delalicís designation of substantially the entire trial record on appeal on 21 and 29 December 1998, pursuant to Rule 109;

CONSIDERING the Appellant Mr. Delicís designation of substantially the entire trial record on appeal on 31 December 1998, pursuant to Rule 109;

CONSIDERING Landzo Request IV in which the Appellant Mr. Landzo agreed with the Office of the Prosecutor to designate the entire record on appeal, pursuant to Rule 109;

FINDING that the Registry Certificate on the Trial Record in Case No. IT-96-21-T dated 4 January 1999 issued by Mr. Jean-Jacques Heintz, Deputy Registrar, constitutes certification of the record pursuant to Rule 109;

DETERMINING that the entire trial record will constitute the record on appeal in accordance with Sub-rule 109(D);

THEREBY DISMISSES Landzo Request II and Landzo Request III; and

 

HEREBY ORDERS THAT:

  1. the Appellants shall have until 2 July 1999 to file their Appellate Briefs, pursuant to Sub-rule 127(B);
  2. the Respondentís Brief is due no later than 2 August 1999, and all Appellant Briefs in Reply are due no later than 17 August 1999, pursuant to Rules 112 and 113, respectively;
  3. submissions, if any, from the Office of the Prosecutor concerning Landzo Request V are due no later than 26 February 1999; and
  4. submissions, if any, on the Delalic Request from the Office of the Prosecutor and the other Appellants are due no later than 26 February 1999.

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

__________________________________

Rafael Nieto-Navia

Presiding Judge

Dated this 12th day of February 1999.

At The Hague

The Netherlands

[Seal of the Tribunal]