Case No.: IT-98-34-AR73.2

BEFORE A BENCH OF THE APPEALS CHAMBER

Before:
Judge Lal Chand Vohrah, Presiding
Judge Mohamed Shahabuddeen
Judge Rafael Nieto-Navia

Registrar:
Mr. Hans Holthuis

Decision of:
11 May 2001

THE PROSECUTOR

v.

MLADEN NALETILIC, aka "TUTA"
and
VINKO MARTINOVIC, aka "STELA"

_________________________________________________

DECISION ON DEFENCE’S MOTION TO THE BENCH OF THREE JUDGES OF THE APPEALS CHAMBER FOR APPLICATION OF RULE 126 OF THE RULES OF PROCEDURE AND EVIDENCE

_________________________________________________

Counsel for the Prosecutor:

Mr. Kenneth Scott

Counsel for the Accused:

Mr. Kresimir Krsnik, for Mladen Naletelic

 

THIS BENCH of 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 ("the Bench" and "the International Tribunal" respectively);

BEING SEIZED OF the "Defence’s Motion to the Bench of Three Judges of the Appeals Chamber for Application of Rule 126 of the Rules of Procedure and Evidence" filed on 8 February 2001 ("the Defence Motion");

NOTING the "Decision on Application by the Accused Mladen Naletilic for Leave to Appeal and Notice of Joinder in that Application by the Accused Vinko Martinovic against the Decision of Trial Chamber I Dated 27 November 2000" issued by the Bench on 2 February 2001 ("the Impugned Decision");

NOTING that the Defence Motion is requesting the Bench "to consider the timeliness of the Application for Leave to Appeal", in the light of Rule 126 of the Rules of Procedure and Evidence ("the Rules");

NOTING that Rule 126 of the Rules provides as follows:

Where the time prescribed by or under these Rules for the doing of any act is to run as from the occurrence of an event, that time shall begin to run as from the date on which notice of the occurrence of the event would have been received in the normal course of transmission by counsel for the accused or the Prosecutor as the case may be;

NOTING, however, that Rule 73 (C) of the Rules provides that "[a]pplications for leave to appeal shall be filed within seven days of the filing of the impugned decision";

NOTING that the reference in Rule 73(C) of the Rules is specific as to the event from which time is to run;

CONSIDERING that the Impugned Decision was correct in its calculation of time under Rule 73(C) of the Rules;

CONSIDERING, therefore, that no basis has been shown for reconsidering the Impugned Decision;

HEREBY DISMISSES the Defence Motion.

 

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

_____________________
Judge Lal Chand Vohrah
Presiding

Done this eleventh day of May 2001,
At The Hague,
The Netherlands.

[Seal of the Tribunal]