IN THE APPEALS CHAMBER

Before: Judge Mohamed Bennouna, Pre-Appeal Judge

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 29 August 2000

PROSECUTOR

v.

ZORAN KUPRESKIC
MIRJAN KUPRESKIC
VLATKO KUPRESKIC
DRAGO JOSIPOVIC
VLADIMIR SANTIC

_______________________________________________________

ORDER

_______________________________________________________

Counsel for the Prosecutor:

Mr. Upawansa Yapa

Counsel for the Defence:

Mr. Ranko Radovic, Mr. Tomislav Pasaric for Zoran Kupreskic
Ms. Jadranka Slokovic-Glumac, Ms. Desanka Vranjican for Mirjan Kupreskic
Mr. Anthony Abell, Mr. John Livingston for Vlatko Kupreskic
Mr. Luko Susak, Ms. Goranka Herljevic for Drago Josipovic
Mr. Petar Pavkovic, Mr. Mirko Vrdoljak for Vladimir Santic

 

I, MOHAMED BENNOUNA, 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"),

HAVING BEEN APPOINTED as pre-appeal Judge in this matter by virtue of an order of the Appeals Chamber dated 16 May 2000,

BEING SEISED of a "Motion of the Counsels of Zoran Kupreskic, Mirjan Kupreskic and Drago Josipovic with which they Request the Extension of the Time Limit" filed by the Defence for Zoran Kupreskic, Mirjan Kupreskic and Drago Josipovic ("the Appellants") on 16 August 2000, in which an extension of the time-limit for the filing of inter alia (1) the relevant authorities in support of the arguments presented in their Appellants’ Briefs, (2) the index of the documents attached to their Appellants’ Briefs, and (3) in relation to these documents, if need be, a Motion for additional evidence pursuant to Rule 115 of the Rules of Procedure and Evidence ("the Rules"), until 4 October 2000 is sought, ("the Motion"),

BEING SEISED of a confidential "Motion for a Scheduling Order for a Single Filing Date of Motions under Rule 115 or, in the Alternative, Motion for an Order Rejecting the Admission of Additional Evidence" filed by the Office of the Prosecutor ("the Prosecution") on 31 July 2000,

NOTING the "Prosecution’s Response to Motion of the Counsels of Zoran Kupreskic, Mirjan Kupreskic and Drago Josipovic with which they Request the Extension of the Time Limit" filed by the Prosecution on 25 August 2000, in which the Prosecution opposes an extension of time in respect of the filing of the relevant authorities and the index of the documents attached to the Appellants’ Briefs, but does not object to an extension of time for the filing of a motion for additional evidence by any of the parties if the time-limit for the filing of the Respondent’s Briefs is extended until 3 November 2000,

NOTING the "Order on Motions for Extension of Time" issued by the pre-appeal Judge on 1 August 2000 ("the 1 August Order"),

NOTING the Appellants’ further request in the Motion for an extension of time for the filing of a Motion for additional evidence in respect of documents disclosed by the Republic of Croatia which they are still in the process of accessing and reviewing ("the Croatia Documents"),

CONSIDERING that the Appellants did not submit any arguments in support of their request for an extension of time in relation to the relevant authorities in support of the arguments presented in the Appellants’ Briefs, the index of the documents attached to their Appellants’ Briefs, and the Motion for additional evidence pursuant to Rule 115 of the Rules to be submitted in relation to these documents, if need be,

CONSIDERING that the status of the documents attached to the Appellants’ Briefs filed by Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic, and Vladimir Santic should be clarified before the filing of the Respondent’s Briefs in order to enable the parties to provide a comprehensive response at that time, thus not delaying the proceedings further,

CONSIDERING that the Appellants’ Briefs of Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic, and Vladimir Santic contain references to documents which may constitute additional evidence,

CONSIDERING that the documents referred to in the Appellant’s Brief of Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic, and Vladimir Santic will not be admissible under Rule 115 of the Rules unless a Motion for additional evidence is filed,

CONSIDERING that the time-limit of 4 September 2000 for the filing of a Motion for additional evidence pursuant to Rule 115 of the Rules set out in the 1 August Order concerned the documents attached to the Appellants’ Briefs of Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic, and Vladimir Santic,

CONSIDERING however that, to the extent possible, the Appellants should submit a single Motion for additional evidence including all the additional evidence they seek to rely upon for the purposes of Rule 115 of the Rules, and that, in these circumstances, this constitutes good cause,

HEREBY REAFFIRM the 4 September 2000 time-limit for the filing of the relevant authorities in support of the arguments presented in the Appellant’s Brief of Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic, and Vladimir Santic, and of the index of the documents attached to their Appellant’s Briefs, and

ORDER that

(1) the time-limit for the filing of a Motion for additional evidence pursuant to Rule 115 of the Rules in relation to the documents attached to the Appellant’s Briefs of Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic, and Vladimir Santic and to the Croatia Documents shall be Wednesday 4 October 2000,

(2) the Respondent’s Briefs of all parties under Rule 112 shall be filed two weeks after a Decision on the Motion for additional evidence is issued.

 

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

________________________________
Judge Mohamed Bennouna
Pre-Appeal Judge

Dated this twenty-ninth day of August 2000
At The Hague,
The Netherlands.

[Seal of the Tribunal]