IN THE APPEALS CHAMBER
Before: Judge Mohamed Bennouna, Pre-Appeal Judge
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of: 1 August 2000
PROSECUTOR
v.
ZORAN KUPRESKIC
MIRJAN KUPRESKIC
VLATKO KUPRESKIC
DRAGO JOSIPOVIC
VLADIMIR SANTIC
_______________________________________________________
ORDER ON MOTIONS FOR EXTENSION OF TIME
_______________________________________________________
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 for Extension of Time to File Respondents Brief of the Prosecution" filed by the Office of the Prosecutor ("the Prosecution") on 19 July 2000, in which an extension of the time-limit for the filing of the Prosecutions Brief in response to the Appellants Briefs filed by the convicted persons until 4 October 2000 is sought, based upon reasons, inter alia, in relation to the extensive nature of the Appellants Briefs, and the time needed to address them properly ("the Prosecutions Motion"),
BEING SEISED of a "Motion for Extension of Time to File Respondents Brief of the Defence" filed by Drago Josipovic and Vladimir Santic on 21 July 2000, in which the Appellants request an extension of time to file their Briefs in response to the Prosecutions Appellants Brief until 4 October 2000, based upon reasons in relation to, inter alia, the complexity of the issues raised in the Prosecutions Appellants Brief ("the Appellants Motion"),
NOTING the "Prosecutions Response to Motion for Extension of Time to File Respondents Brief" filed by the Prosecution on 27 July 2000,
NOTING that the Appellants Briefs filed by Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic, and Vladimir Santic are not accompanied by the relevant authorities, as required by Rule 111 of the Rules of Procedure and Evidence ("the Rules"),
NOTING the Prosecutions argument that the Appellants Briefs filed by Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic, and Vladimir Santic contain documents which constitute additional evidence,
CONSIDERING that Rule 127 of the Rules provides that the Appeals Chamber may on good cause being shown enlarge or reduce any time prescribed by the Rules,
CONSIDERING that the argument in relation to the extensiveness of the Appellants Briefs and the complexity of the issues raised, submitted in support of the Prosecutions Motion and of the Appellants Motion, constitutes good cause for extending the time-limit for the filing of the Respondents Briefs,
CONSIDERING that the requested extension of time would also be consistent with the time-limits set out in relation to Vlatko Kupreskic, and would thus not result in a delay of the proceedings,
CONSIDERING further 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 as soon as possible,
HEREBY GRANT the Prosecutions Motion and the Appellants Motion and ORDER as follows:
(1) the time-limit for the filing of the Respondents Briefs of all parties under Rule 112 shall be extended until 4 October 2000,
(2) the Appellants Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic, and Vladimir Santic shall file the relevant authorities in support of the arguments presented in their Appellants Briefs by 4 September 2000,
(3) the Appellants Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic, and Vladimir Santic shall file by 4 September 2000 a document providing an index of the documents attached to their Appellants Briefs, clearly specifying in respect of each document whether it was before the Trial Chamber or not; in the event some of the documents were not presented at trial, the above-mentioned Appellants shall file a Motion for additional evidence pursuant to Rule 115 by 4 September 2000.
Done in both English and French, the English text being authoritative.
________________________________
Judge Mohamed Bennouna
Pre-Appeal Judge
Dated this first day of August 2000
At The Hague,
The Netherlands.
[Seal of the Tribunal]