Case No.: IT-95-14-A

IN THE APPEALS CHAMBER

Before: Judge Fausto Pocar, Pre-Appeal Judge

Registrar: Mr. Hans Holthuis

Decision of: 10 April 2002

PROSECUTOR

v.

TIHOMIR BLASKIC

_________________________________________________________________________

DECISION ON THE "APPELLANT’S REQUEST FOR AUTHORIZATION TO EXCEED THE PAGE LIMIT FOR APPELLANT’S THIRD MOTION TO ADMIT ADDITIONAL EVIDENCE ON APPEAL PURSUANT TO RULE 115"

________________________________________________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Appellant:

Mr. Anto Nobilo
Mr. Russell Hayman
Mr. Andrew M. Paley

 

I, FAUSTO POCAR, 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 ("the International Tribunal"),

BEING SEISED of the "Appellant’s Request for Authorization to Exceed the Page Limit for Appellant’s Third Motion to Admit Additional Evidence on Appeal Pursuant to Rule 115" ("the Request") filed confidentially on 2 April 2002, where the Appellant states that the evidence that is the subject of the Appellant’s Third motion pursuant to Rule 115 of the Rules of Procedure and Evidence ("Third Rule 115 Motion") is comprised of three witness statements which length and importance require to exceed the page limit set out in the Practice Direction on the Length of Briefs and Motions IT/184 Rev.1, issued on 5 March 2002 (the "Practice Direction IT/184 Rev.1") and consequently seeks authorization to file a brief in support of his Third Rule 115 Motion which will not exceed 35 pages in length;

NOTING the "Prosecution’s Response to Appellant’s Request for Authorization to Exceed the Page Limit for Appellant’s Third Motion to Admit Additional Evidence on Appeal Pursuant to Rule 115" filed confidentially on 8 April 2002, which states that the Prosecution does not oppose the Appellant’s request;

NOTING that provision (C) 5 of the Practice Direction IT/184 Rev.1 states that "SmCotions and replies and responses before a Chamber will not exceed 10 pages or 3,000 words, whichever is greater";

NOTING that the Appellant requests to exceed the page limits set forth in provision (C) 5 pursuant to provision (C) 7 of the Practice Direction IT/184 Rev.1, which provides that a party must seek authorization in advance from the Chamber to exceed the page limits, and requires that an explanation of the exceptional circumstances that necessitate the oversized filing be provided;

CONSIDERING that in light of the explanation provided in the Request regarding the importance and length of the evidence being proffered for admission, the circumstances in the present case warrant an oversized filing;

HEREBY GRANT the Request;

AUTHORIZE the filing of a brief in support of the Third Rule 115 Motion which will not exceed 35 pages in total and will be formatted in compliance with the guidelines set out on the Practice Direction IT/184 Rev.1, and

URGE the Appellant to comply with all the requirements for the filing of motions on appeal set out in the Practice Direction IT/184 Rev.1; the Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings Before the International Tribunal IT/155 Rev.1 issued on 7 March 2002; and the Practice Direction on Formal Requirements for Appeals from Judgement IT/201 issued on 7 March 2002, in his Third Rule 115 Motion as well as in all future filings.

 

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

______________________
Fausto Pocar
Pre-Appeal Judge

Done this tenth day of April 2002
At The Hague,
The Netherlands.

[Seal of the Tribunal]