IN THE APPEALS CHAMBER

Before:
Judge David Hunt, Presiding
Judge Fouad Abdel-Monem Riad
Judge Wang Tieya
Judge Rafael Nieto-Navia
Judge Mohamed Bennouna

Registrar:
Dorothee de Sampayo Garrido-Nijgh

Order of:
15 June 1999

The PROSECUTOR

v.

Zejnil DELALIC, Zdravko MUCIC (aka "PAVO"), Hazim DELIC and Esad LANDZO (aka "ZENGA")

_______________________________________________________

ORDER ON THE APPELLANT ESAD LANDZO’S SECOND
MOTION FOR AN EXTENTION OF TIME TO FILE BRIEF

________________________________________________________

Office of the Prosecutor:

Mr Yapa Upawansa
Mr Christopher Staker
Mr Rodney Dixon

Counsel for the Accused

Mr John Ackerman for Zejnil Delalic
Mrs Nihada Butorovic and Mr Howard Morrison for Zdravko Mucic
Mr Salih Karabdic and Mr Thomas Moran for Hazim Delic
Ms Cynthia Sinatra and Mr Peter Murphy 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 the "Defendant Esad Landžo’s Notice of Appeal", filed on 1 December 1998, wherein he sets out the grounds of appeal which include, inter alia, that his right to a fair and expeditious trial pursuant to Articles 20 and 21 of the Statute of the International Tribunal "were violated when verdict and sentence were rendered by a Trial Chamber whose presiding Judge was permitted to sleep through much of the proceedings" ("Sixth Ground of Appeal");

BEING SEIZED of the "Appellant Esad Landzo Second Motion for Extension of Time to File Brief", filed on 1 June 1999 ("Motion") in order to:

1. Analyse the written judgment to be delivered in the case of the Prosecutor v. Aleksovski as previously requested in the "Appellant-Cross Appellee’s Second Motion for Extension of Time to File Brief" filed on 26 May 1999 and,

2. View the daily videotapes produced by Camera 3 in Courtroom I during the trial of the Appellant as requested in his "Second Motion to Preserve and Provide Evidence" filed on 12 May 1999;

NOTING the Scheduling Order issued by the Appeals Chamber of 31 May 1999 regulating further filings;

NOTING the "Prosecution Response to Esad Landzo’s Second Motion to Preserve and Provide Evidence and to Esad Landzo’s Second Motion for Extension of Time to File Brief" filed on 4 June 1999;

NOTING the "Response of Appellant, Esad Landzo, to Prosecution’s Submissions Concerning Motions for Extension of Time and to Preserve and Provide Evidence, and Request for Late Acceptance" filed on 14 June 1999;

NOTING the "Order on the Second Motion to Preserve and Provide Evidence" of 15 June 1999 which allows counsel for Esad Landzo to view the relevant daily videotapes taken during his trial "for the purposes of assisting him in the presentation of his case on appeal, specifically the Sixth Ground of Appeal" and orders that a notice be filed that provides "details of the dates and times of those passages on the videotapes upon which the Appellant will rely, on or before Monday 13 September 1999";

NOTING the "Order on the Appellant-Cross Appellee’s Second Motion for an Extension of Time to File Briefs" of 15 June 1999;

HEREBY DISMISSES the Motion but

GRANTS LEAVE TO:

1. Esad Landzo to file a supplementary appellant brief in relation to the Sixth Ground of Appeal on or before Monday 13 September 1999, and

2. The Prosecutor to file a notice indicating and justifying the time it will require in order to file a reply to Esad Landzo’s supplementary appellant brief on the Sixth Ground of Appeal, on or before Friday 17 September 1999.

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

____________________________
Judge David Hunt
Presiding Judge

Dated this fifteenth day of June 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]