BEFORE THE APPEALS CHAMBER

Before:
Judge Mohamed Shahabuddeen, Presiding
Judge Lal Chand Vohrah
Judge Wang Tieya
Judge Rafael Nieto-Navia
Judge Patricia Wald

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
14 January 2000

PROSECUTOR

v.

GORAN JELISIC

___________________________________________________________

SCHEDULING ORDER

___________________________________________________________

The Office of the Prosecutor:

Mr. Upawansa Yapa

Counsel for Goran Jelisic:

Mr. Veselin Londrovic
Mr. Michael Greaves

 

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 ("the International Tribunal"),

BEING SEISED of the "Prosecution Motion for Clarification of the Right of the Appellant Goran Jelisic to File Two Notices of Appeal and for a Scheduling Order in Relation to the Appeal" ("the Prosecutor’s Motion"), filed on 20 December 1999;

NOTING Trial Chamber I’s Judgement against Goran Jelisic, pronounced on 19 October 1999, acquitting him of the crime of genocide (Count 1) but declaring him guilty of certain violations of the laws or customs of war and certain crimes against humanity;

NOTING the "Prosecution’s Notice of Appeal", filed on 21 October 1999;

NOTING the "Notice of Cross-Appeal", filed by Counsel for Goran Jelisic ("the Defence") on 26 October 1999, "from (1) the Judgement of the Trial Chamber delivered orally on 19 October 1999: and (2) that certain PROSECUTION’S NOTICE OF APPEAL, dated 21 October 1999, should such Notice be deemed to be sufficient";

NOTING Trial Chamber I’s written Judgement against Goran Jelisic, issued on 14 December 1999, in which the Trial Chamber gave its reasoned opinion for its previous pronouncement of the not-guilty and guilty verdicts and sentenced Goran Jelisic to 40 years’ imprisonment in respect of the latter;

NOTING the "Notice of Appeal", filed by the Defence on 15 December 1999, "against the sentence and Judgement pronounced on the 14th day of December 1999";

NOTING that the Defence has not filed a response in respect of the Prosecutor’s Motion as required by Article 11 of the Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings before the International Tribunal (IT/155);

CONSIDERING that there is a need for the Defence to file such a response before the Appeals Chamber addresses the issue of the right of Goran Jelisic to file two Notices of Appeal;

NOTING that Rule 111 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules") provides that the Appellants’ briefs shall be filed within ninety days of the filing of the notices of appeal;

NOTING that Rule 127 provides that the Appeals Chamber may on good cause being shown by motion enlarge or reduce any time prescribed by or under the Rules;

CONSIDERING that the delay between the pronouncement of Judgement against Goran Jelisic on 19 October 1999 and the issuance of the written Judgement on 14 December 1999 constitutes "good cause" for the variation of time-limits pursuant to Rule 127;

HEREBY ORDERS that the:

1) Defence shall file a response to the Prosecutor’s Motion by Friday 21 January 2000, to which the Prosecutor may file a reply within four days of the filing of the response; and

2) time-limit for the filing of briefs pursuant to Rule 111 shall commence from 15 December 1999.

 

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

______________________________
Mohamed Shahabuddeen
Presiding

Dated this fourteenth day of January 2000
At The Hague,
The Netherlands.

[Seal of the Tribunal]