Case No.: IT-95-12-AR65.1
IN THE APPEALS CHAMBER
Judge Theodor Meron, Presiding
Judge Fausto Pocar
Judge Mehmet Güney
Judge Andrésia Vaz
Judge Wolfgang Schomburg
Mr. Hans Holthuis
16 September 2005
Ivica RAJIC aka Viktor ANDRIC
DECISION ON APPEAL OF TRIAL CHAMBER DECISION ON PROVISIONAL RELEASE
Office of the Prosecutor
Mr. Kenneth Scott
Counsel for the Accused:
Ms. Doris Kosta
- 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 ("Appeals Chamber" and "Tribunal", respectively), is seised of an interlocutory appeal in the case of Prosecutor v. Ivica Rajic.
- The Defence filed a confidential application for
leave to appeal1 the
decision of Trial Chamber I, issued on 8 July 2005,
denying the accused Ivica Rajic’s (“Applicant") motion
for provisional release.2 The
Applicant sought leave to appeal the Impugned Decision
pursuant to Rule 65(D) of the Rules of Procedure
and Evidence of the Tribunal ("Rules").
- Pursuant to a recent amendment to the Rules3,
an application for leave to appeal any decision rendered
under Rule 65 of the Rules is no longer required,
and a bench of five judges was assigned to hear the
appeal.4 In the Order
Assigning Judges, the parties were instructed that
the timing for parties to brief the appeal ran from
the filing of that order.5 Thus,
the Defence appeal was to be filed "within
seven days"6 of the Order
Assigning Judges. The time for filing has now elapsed
and no appeal has been filed; therefore, the Appeals
Chamber considers that the Applicant no longer pursues
- For the foregoing reasons, the Appeals Chamber dismisses the appeal.
Done in English and French, the English version being authoritative.
Done this 16th day of September 2005,
At The Hague,
Judge Theodor Meron
[Seal of the Tribunal]
1. Application for Leave to Appeal
the Trial Chamber Decision of 8 July 2005, 21 July
Confidential Order on Motion for Provisional Release,
8 July 2005; Confidential Corrigendum to Decision on
Motion for Provisional Release, 15 July 2005 (collectively, "Impugned
See Rules, IT/32/Rev.36, 8 August 2005.
Assigning Judges to a Case Before the Appeals Chamber,
15 August 2005, p. 2 ("Order Assigning Judges") (considering
that the amended Rule 65 "no longer require[s an] application
for leave to appeal . . . but grant[s] leave as a right
to a bench of five Judges of the Appeals Chamber").
Assigning Judges, p. 2.
Rule 65(D) of the Rules.