Case No.: IT-95-12-AR65.1


Judge Theodor Meron, Presiding
Judge Fausto Pocar
Judge Mehmet Güney
Judge Andrésia Vaz
Judge Wolfgang Schomburg

Mr. Hans Holthuis

Decision of:
17 October 2005



Ivica RAJIC aka Viktor ANDRIC




Office of the Prosecutor

Mr. Kenneth Scott

Counsel for the Accused:

Mr. Zeljko Olujic
Ms. Doris Kosta

  1. 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 the "Motion for Restitutio in Integrum to Enable Filing an Appeal Related to the Judgement of 16 September 2005" filed on 23 September 2005 ("Motion") by Ms. Doris Kosta ("Defence"), Counsel for Ivica Rajic (“Appellant”) in this case.

  2. The Defence initially filed a confidential application for leave to appeal1 the decision of Trial Chamber I, issued on 8 July 2005, denying the Appellant’s motion for provisional release.2 The Defence 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

  3. The parties were instructed in the Order Assigning Judges that the timing for parties to file an appeal ran from the filing of that order.5 On 16 September 2005, the Appeals Chamber rendered a decision in this case,6 in which it found that the Defence had not briefed the appeal and that the timing to do so had elapsed. The Appeals Chamber considered that the Defence no longer pursued its appeal and therefore dismissed the appeal.7

  4. On 23 September 2005, the Defence filed the Motion at issue with the Appeals Chamber submitting that she did not receive notice of the Order Assigning Judges to her as co-Counsel. The Defence therefore requests that the Appeals Chamber allow the Appellant additional time for filing an interlocutory appeal against the Impugned Decision.8 The Office for Legal Aid and Detention Matters ("OLAD") orally confirmed to the Appeals Chamber that Ivica Rajic communicated to OLAD his request to "cancel[] the power of attorney that he had granted to Mr. Zeljko Olujic, which he had done in an official manner, and on which the Tribunal has been notified",9 and the Registrar has orally confirmed to the Appeals Chamber that it failed to notify Ms. Kosta of Order Assigning Judges.

  5. For the foregoing reasons, the Appeals Chamber ALLOWS the Appellant to file an interlocutory appeal against the Impugned Decision denying provisional release, and ORDERS that the time-limit for the Appellant to file his appeal – if any – shall run from the filing of this decision.


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

Done this 17th day of October 2005,
At The Hague,
The Netherlands.

Judge Theodor Meron
Presiding Judge

[Seal of the Tribunal]

1. Application for Leave to Appeal the Trial Chamber Decision of 8 July 2005, 15 July 2005.
2. Confidential Order on Motion for Provisional Release, 8 July 2005; Confidential Corrigendum to Decision on Motion for Provisional Release, 15 July 2005 (collectively, "Impugned Decision").
3. See Rules, IT/32/Rev.36, 8 August 2005.
4. Order 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").
5. Order Assigning Judges, p. 2.
6. Decision on Appeal of Trial Chamber Decision on Provisional Release, 16 September 2005 ("Appeals Decision").
7. Appeals Decision, paras. 3-4.
8. Motion, para. 4.
9. See Motion, para. 3.