Case No. IT-94-2-A


Judge Mehmet Güney

Mr. Hans Holthuis

25 March 2004







Counsel for the Appellant:

Mr. Howard Morrison Q.C.
Ms. Tanja Radosavljevic

Counsel for the Prosecutor:

Mr. Norman Farrell


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 ("International Tribunal"),

BEING SEISED OF the "Motion for Variation of Time-Limit" filed on 23 March 2004 by Counsel for the Appellant Dragan Nikolic ("Motion" and "Appellant" respectively), in which the Appellant requests that "pursuant to Rule 127 (B) of the Rules of Procedure and Evidence the Appeals Chamber varies the time-limit set out in Rule 111 of the Rules of Procedure and Evidence by granting the Appellant motion to file his Appeal Brief setting out all arguments and authorities within seventy-five days from the date the Appellant is served with the translation of the Sentencing Judgment into BCS" and that "the Registry files a notice of the date the Appellant is served with the translation of the Sentencing Judgment into BCS within 5 days after the service upon the Appellant";

NOTING that the Appellant’s claim relies on the fact that, insofar as he has not yet been provided with a translation of the Sentencing Judgement in BCS, he is not able to read the judgement in a language he understands and he is not, therefore, "in a position to perform his rights and meaningfully assist his Counsel in the appeal proceedings";

NOTING that the Prosecution informed the Appeals Chamber that it will not object to a short extension of time;

NOTING that the Sentencing Judgement was rendered on 18 December 2003 and that the Notice of Appeal was filed on 16 January 2004;

NOTING that Rule 111 of the Rules of Procedure and Evidence ("Rules") provides that "an Appellant’s brief setting out all the arguments and authorities shall be filed within seventy-five days of filing of the notice of appeal pursuant to Rule 108";

NOTING that pursuant to Rule 127 (B) of the Rules the Appeals Chamber may enlarge or reduce any time prescribed by or under the Rules on good cause being shown by motion;

CONSIDERING that it is in the interest of justice to allow the Appellant adequate time to read the Sentencing Judgement in a language he understands and to consult with Counsel before filing his Appellant’s Brief pursuant to Rule 111 of the Rules and that this constitutes "good cause" within the meaning of Rule 127 of the Rules;

CONSIDERING HOWEVER that the requested extension of time of seventy-five days from the moment the translated Sentencing Judgement is available would not be appropriate, since counsel may immediately commence the preparation of the appeal in consultation with the Appellant before that time;


HEREBY GRANT in part the Motion;

ORDER the Appellant to file his Appellant’s Brief not later than 30 days after the filing of the BCS translation of the Sentencing Judgement; and

REQUEST the Registry to inform the Appeals Chamber and the parties when the Sentencing Judgement in BCS is served on the Appellant.


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

Dated this 25th day of March 2004,
At The Hague,
The Netherlands.

Mehmet Güney
Pre-Appeal Judge

[Seal of the Tribunal]