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");

BEING SEISED of "Appellant, Esad Landzo’s Request For Extension of Time to File Supplementary Brief" filed on 21 July 1999 ("Motion");

NOTING the "Defendant Esad Lanzo’s Notice of Appeal" filed on 1 December 1998, wherein he sets out his grounds of appeal, which include, inter alia, that his right to a fair and expeditious trial pursuant to Article 20 and 21 of the Statute of the International Tribunal "were violated when verdict and sentence were rendered by a Trial Chamber whose presiding Judge was permitted to sleep through much of the proceedings" ("Fourth Ground of Appeal");

NOTING the "Second Motion to Preserve and Provide Evidence" filed on 12 May 1999, wherein Esad Landzo requested that Counsel acting on his behalf be granted access to the daily videotapes produced by Camera 3 in Courtroom I during his trial in order to assist him in the presentation of the Fourth Ground of Appeal;

NOTING the "Appellant Esad Landzo’s Second Motion for Extension of Time to File Brief" filed on 1 June 1999, wherein Esad Landzo sought an extension of time by ninety days in which to file his appellate brief in order, inter alia, to complete the preparation of the evidence thus sought to be adduced;

NOTING the "Order on the Second Motion to Preserve and Provide Evidence" issued on 15 June 1999 and the "Order on the Appellant Esad Landzo’s Second Motion for an Extension of Time to File Brief" issued on the same day, whereby the Appeals Chamber ordered, inter alia, that Counsel or Co-counsel for Esad Landzo or their legal assistants may view particular videotapes of the trial proceedings from Wednesday 16 June until Monday 13 September in the premises of the International Tribunal, under the direction of and using the technical equipment designated by the Registrar or her representatives; that Esad Landzo shall file a notice providing details of the dates and times of those passages of the videotapes upon which he will rely in his appeal, on or before Monday 13 September 1999; and that he by the same date shall file a supplementary appellant brief on the Fourth Ground of Appeal;

NOTING that Esad Landzo in the Motion seeks an extension of time in which to file his supplementary appellant brief until 15 October 1999, on the ground that, notwithstanding the Appeals Chamber’s orders, access to the videotapes at issue was not provided until 5 July 1999;

NOTING the "Prosecution Response to Esad Landzo’s Request For an Extension of Time" filed on 23 July 1999, in which the Office of the Prosecutor opposes the Motion on the ground that it establishes no good cause for granting the extension sought;

NOTING the communication from the Deputy Registrar dated 26 July 1999, stating that whereas lead Counsel for Esad Landzo only on 25 June 1995 requested the Registry to appoint a legal assistant to review the videotapes and said assistant did not arrive in The Hague for this purpose until 30 June 1999, without any prior request for arrangements for viewing the material having been made, no access was provided to the videotapes in question until Monday 5 July 1999 due to an administrative delay;

CONSIDERING that the Appeals Chamber’s orders of 15 June 1999 were based on the understanding that Counsel or Co-counsel for Esad Landzo or their legal assistants would be able to gain immediate and unhindered access to the relevant videotapes from 16 June 1999;

CONSIDERING that, notwithstanding the delay in the seeking of access to the relevant material displayed by Counsel for Esad Landzo, the International Tribunal was at fault in not providing access to the videotapes in the period 30 June - 2 July 1999;

CONSIDERING MOREOVER that access to the videotapes can be provided only during the working days of the International Tribunal, a fact which may not have been fully realised by Counsel for Esad Landzo when the original request for extension of time was sought;

HEREBY GRANTS the Motion;

AND ORDERS that:

1. The period in which Counsel or Co-counsel for Esad Landzo or their legal assistant(s) may view the videotapes produced by Camera 3 in Courtroom I and Camera 3 in Courtroom III during the trial of Esad Landzo in accordance with the terms of the Appeals Chamber’s Order on the Second Motion to Preserve and Provide Evidence of 15 June 1999 is extended until 15 October 1999;

2. Esad Landzo shall file (i) a notice providing details of the dates and times of those passages of the videotapes upon which he will rely, and (ii) a supplementary appellant brief in relation to the Fourth Ground of Appeal, on or before Friday 15 October 1999;

3. The Office of the Prosecutor shall file a notice indicating and justifying the amount of time it will require to (i) view the videotapes to which Esad Landzo has been granted access, and (ii) file a response to Esad Landzo’s supplementary appellant brief on the Fourth Ground of Appeal, on or before Thursday 21 October 1999.

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

____________________________
Judge David Hunt
Presiding Judge

Dated this twenty-ninth day of July1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]