Case No. IT-95-9-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Mehmet Güney

Registrar:
Mr. Hans Holthuis

Decision:
10 August 2004

BLAGOJE SIMIC

v.

THE PROSECUTOR

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DECISION ON PROSECUTIONíS MOTION FOR EXTENSION OF PAGES

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The Office of the Prosecutor:

Mr. Norman Farrell

Counsel for the Appellant

Mr. Igor Pantelic
Mr. Peter Murphy

 

I, MEHMET GÜNEY, Judge 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,

BEING SEISED OF the "Prosecutionís Motion for Extension of Pages" ("Motion") filed by the Prosecution on 27 July 2004;

NOTING that in paragraphs 1 and 2 of its Motion the Prosecution requests an extension of its Respondentís Brief of 1,500 words or the equivalent of 5 pages in addition to that permitted under the Practice Direction on the Length of Briefs and Motions of 7 March 2002 ("Practice Direction"), stating that though the Prosecution is within the 100 page limit, it exceeds the 30,000 word limit by approximately 1,500 words;

NOTING that, in paragraph 9 of its Motion, the Prosecution makes a second request for leave to file a Respondentís Brief of no more than 106 pages or 31,600 words, whatever is greater;

CONSIDERING that the Motion is unclear;

NOTING that Blagoje Simić has not responded to the Motion;

NOTING that the Respondentís Brief of the Prosecution filed confidentially on 27 July 2004 is 95 pages, 99 pages including the contents and the glossary;

CONSIDERING that paragraph A. 1. b) of the Practice Direction provides that "₣tğhe response of an appellee on an appeal from a final judgement of a Trial Chamber will not exceed 100 pages or 30,000 words, whichever is greater", or, in its French version, that "[l]a réponse díun intimé, dans le cadre de líappel contre le jugement final díune Chambre de première instance, níexcède pas 100 pages ou 30 000 mots";

FINDING that the Prosecution Respondentís Brief, which is 95 pages, meets these criteria and must therefore be considered as validly filed;

REMINDING the Prosecution that, under the Practice Direction, a party must seek authorization in advance from the Appeals Chamber to exceed the page limits;

HEREBY DECIDE not to consider the merits of the Motion as the matter is moot and the Respondentís Brief is validly filed.

 

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

Done this 10th day of August 2004,
At The Hague,
The Netherlands.

____________________
Mehmet Güney
Pre-Appeal Judge

[Seal of the Tribunal]