Case No.: IT-03-69-PT
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Order of:
4 August 2005
PROSECUTOR
v.
JOVICA
STANISIC
FRANKO SIMATOVIC
_________________________________________________
ORDER ON DEFENCE REQUEST FOR AN EXTENSION OF TIME FOR THE SERVICE OF THE RESPONSE TO THE PROSECUTION PROPOSAL OF AGREED FACTS
__________________________________________________
The Office of the Prosecutor
Ms. Hildegard Uertz-Retzlaff
Mr. Alex Whiting
Mr. David Re
Mr. Marek Michon
Counsel for Jovica Stanisic
Mr. Geert-Jan Alexander Knoops
Mr. Wayne Jordash
Counsel for Franko Simatovic
Mr. Zoran Jovanovic
I, O-GON KWON, Judge 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 ("International Tribunal"),
HAVING BEEN APPOINTED as the pre-trial Judge in this case by virtue of the Order of Trial Chamber III dated 2 June 2003,
BEING SEISED of a partly confidential "Defence Request for an Extension of Time for the Service of the Response to the Prosecution Proposal of Agreed Facts" filed on 22 July 2005 ("Application") by the Defence of Jovica Stanisic requesting an extension of one month to respond to the Prosecution’s proposal on agreed facts ("Proposal on Agreed Facts"),
NOTING that, pursuant to Rule 65 ter of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), I ordered the Prosecution to provide the Proposal on Agreed Facts to the Defence by 17 June 2005 and the Defence to respond to the Prosecution within four weeks of receipt of the Proposal on Agreed Facts and, if necessary, to request leave for an extension of time,1
NOTING that, since the Prosecution provided the Proposal on Agreed Facts to the Defence on 20 June 2005, the deadline for the Defence to respond to the Proposal on Agreed Facts was 18 July 2005,
NOTING that the Defence of Franko Simatovic responded to the Prosecution on 25 July 2005,2
NOTING that the Defence of Jovica Stanisic submits that, inter alia, the accused Jovica Stanisic was unable to participate in the formulation of the response to the Proposal on Agreed Facts due to his illness,3
CONSIDERING that the pre-trial Judge shall coordinate communication between the parties during the pre-trial phrase and ensure that the proceedings are not unduly delayed and shall take any measure necessary to prepare the case for a fair and expeditious trial,4
PURSUANT TO Rules 54 and 65 ter of the Rules,
HEREBY GRANT the Application in part and ORDER as follows:
Done in English and French, the English text being authoritative.
__________________
O-Gon Kwon
Pre-trial Judge
Dated this fourth day of August 2005
At The Hague
The Netherlands
[Seal of the Tribunal]