Case No. IT-04-84-AR65.1

IN THE APPEALS CHAMBER

Before:
Judge Fausto Pocar, Presiding
Judge Mohamed Shahabuddeen
Judge Mehmet Güney
Judge Theodor Meron
Judge Wolfgang Schomburg

Registrar:
Mr. Hans Holthuis

Decision:
16 December 2005

PROSECUTOR

Ramush HARADINAJ
Idriz BALAJ
Lahi BRAHIMAJ

__________________________________________

STAY OF "DECISION ON DEFENCE MOTION OF RAMUSH HARADINAJ TO REQUEST RE-ASSESSMENT OF CONDITIONS OF PROVISIONAL RELEASE GRANTED 6 JUNE 2005"

__________________________________________

The Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Stefan Waespi
Mr. Gilles Dutertre
Mr. Philippe Vallieres-Roland

Counsel for the Accused:

Mr. Ben Emmerson, Mr. Conor Gearty, and Mr. Michael O’Reilly for Ramush Haradinaj
Mr. Gregory Guy-Smith for Idriz Balaj
Mr. Richard Harvey for Lahi Brahimaj

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 ("Tribunal"),

NOTING the Trial Chamber’s "Decision on Defence Motion on Behalf of Ramush Haradinaj to Request Re-assessment of Conditions of Provisional Release Granted 6 June 2005", rendered on 12 October 2005 ("Re-assessment Decision");

NOTING the "Prosecution’s Appeal Against ‘Decision on Defence Motion of Ramush Haradinaj to Request Re-assessment of Conditions of Provisional Release Granted 6 June 2005’" ("Appeal"), filed on 19 October 2005;

NOTING the Prosecution’s "Application under Rule 115 to Present Additional Evidence in its Appeal Against ‘Decision on Defence Motion of Ramush Haradinaj to Request Re-assessment of Conditions of Provisional Release Granted 6 June 2005’" ("Rule 115 Motion"), filed on 8 November 2005;

NOTING the Trial Chamber’s "Third Extension of Order Relating to Prosecution Motion to Stay the Trial Chamber’s Decision of 12 October 2005 Regarding Conditions of Provisional Release of Ramush Haradinaj" ("Stay"), rendered on 6 December 2005;

NOTING FURTHER that the Trial Chamber has ruled that the Stay will last until 21 December and will not be renewed or extended thereafter;

CONSIDERING that the Appeals Chamber will not have disposed of the Appeal and the Rule 115 Motion by 21 December;

CONSIDERING that pursuant to Rule 54 of the Rules of Procedure and Evidence ("Rules"), in conjunction with Rule 107 of the Rules, the Appeals Chamber has the power to stay the Trial Chamber’s Re-assessment Decision proprio motu in order to preserve the status quo of the Appeal;

HEREBY STAYS the Re-assessment Decision until the Appeals Chamber has disposed of the Appeal.

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

Dated 16 December 2005,
At The Hague,
The Netherlands.

_______________________
Fausto Pocar
Presiding Judge