Case No. IT-98-29-A

IN THE APPEALS CHAMBER

Before:
Judge Florence Ndepele Mwachande Mumba

Registrar:
Mr. Hans Holthuis

Decision:
27 September 2004

PROSECUTOR

STANISLAV GALIC

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DECISION ON DEFENCE’S URGENT REQUEST FOR AMENDMENT OF THE PRE-APPEAL JUDGE’S DECISION DATED 17 SEPTEMBER 2004

The Office of the Prosecutor:

Mr. Norman Farrell
Mr. Mathias Marcussen

Counsel for Stanislav Galic:

Ms. Mara Pilipovic
Mr. Stéphane Piletta-Zanin

I, FLORENCE NDEPELE MWACHANDE MUMBA, a 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"),

NOTING the "Order Assigning Judges to a Case Before the Appeals Chamber and Designating a Pre-Appeal Judge", filed on 18 December 2003, which, inter alia, designates me as the Pre-Appeal Judge in this case;

BEING SEISED OF the "Defence’s Urgent Request for Amendment of the Pre-Appeals Judge’s Decision Dated 17 September 2004" ("Motion") filed on 20 September 2004 by Mara Pilipovic, Lead Counsel for Stanislav Galic ("the Defence"), in which she requests that English now be considered the authoritative language for the Defence as she has never personally filed a Request that French be the authoritative language for the Defence;

NOTING the "Interim Order" dated 17 September 2004 in which it was ordered, inter alia, that the Defence having previously chosen its working language as French, shall only file their documents in French "in conformity with professional discipline and in the interests of normality" for the purposes of this Appeal;

NOTING the "Prosecution Response to Defence’s Urgent Request for Amendment of the Pre-Appeal Judge’s Decision Dated 17 September 2004" dated 23 September 2004;

NOTING the confirmation by email from the Defence dated 23 September 2004;

ALWAYS NOTING that the Registrar shall provide translations of all documents filed into either of the working languages of the Tribunal;¹

CONSIDERING that Lead Counsel shall sign all documents submitted to the Tribunal unless she authorises Co-Counsel, in writing, to sign on her behalf.²

HEREBY GRANT the amendment sought in part AND ORDER as follows:

1. all filings signed by Lead Counsel only or together with her Co-Counsel shall be in English;

2. all filings signed by Co-Counsel only may be in French;

3. and that no filing of the same document shall be made in more than one language.

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

Done this 27^th day of September 2004.
At The Hague,
The Netherlands

_____________________
Judge Florence Ndepele Mwachande Mumba
Pre-Appeal Judge