Case No.: IT-98-34-T

BEFORE TRIAL CHAMBER I SECTION A

Before:
Judge Liu Daqun, Presiding
Judge Maureen Harding Clark
Judge Fatoumata Diarra

Registrar:
Mr. Hans Holthuis

Decision of:
26 September 2002

PROSECUTOR
v.
MLADEN NALETILIC aka "TUTA"
and
VINKO MARTINOVIC aka "STELA"

___________________________________________________________

DECISION ON THE PROSECUTION REQUEST TO VARY LENGTH OF FINAL TRIAL BRIEF

___________________________________________________________

The Office of the Prosecutor:

Mr. Kenneth Scott

Counsel for the Accused:

Mr. Kresimir Krsnik, for Mladen Naletilic
Mr. Branko Seric, for Vinko Martinovic

 

TRIAL CHAMBER I, SECTION A ("the 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 Tribunal");

BEING SEISED OF the "Prosecution Request to Vary Page Limit of Final Trial Brief" filed on 19 September 2002 ("the Motion"), whereby the Prosecution seeks to vary the length of the final trial brief to 400 pages or 120,000 words;

NOTING "The Accused Naletilicís Objection to Vary Length of Prosecution Final Trial Brief", filed on 23 September 2002, objecting to the Motion;

NOTING the Practice Direction on Length of Briefs and Motions 1("Practice Direction") stipulates in paragraph (C) (4) that the final trial briefs will not exceed 200 pages or 60,000 words, whichever is greater;

NOTING HOWEVER that in case of appeals on merits, the Practice Direction has been amended, giving the Prosecution additional pages for multiple accused2;

CONSIDERING that the Chamber deems it appropriate that this principle should also apply, in similar circumstances, to final trial briefs;

PURSUANT to Rule 54 of the Rules of Procedure and Evidence of the Tribunal,

HEREBY PARTLY DENIES THE MOTION AND ORDERS that the Prosecution may file a final trial brief of 300 pages or 90,000 words, whichever is greater.

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

Dated this twenty-sixth day of September 2002,
At The Hague,
The Netherlands

_______________
Judge Liu Daqun
Presiding Judge

[Seal of the Tribunal]


1 - IT/184 Rev.1, dated 5 March 2002.
2 - Paragraph (C) (1) (a) of the Practice Direction states
" The brief of an appellant on appeal from a final judgement of a Trial Chamber will not exceed 100 pages or 30,000 words, whichever is greater: (i) provided that, where the Prosecutor, as appellant, files a separate brief in respect of each appellee or a consolidated brief, the total number of pages filed shall not exceed 100 pages or 30,000 words, whichever is greater, in respect of one appellee and a further 35 pages or 10,000 words, whichever is the greater, in respect of each additional appellee;"