IN THE APPEALS CHAMBER

Before:
Judge Mohamed Shahabuddeen, Presiding
Judge Antonio Cassese
Judge Wang Tieya
Judge Rafael Nieto-Navia
Judge Florence Mumba

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
24 November 1997

PROSECUTOR

v.

DUSKO TADIC

_______________________________________________________

SCHEDULING ORDER


The Office of the Prosecutor:

Mr. Grant Niemann
Mr. Michael Keegan

Counsel for the Appellant:

Mr. Milan Vujin
Mr. John Livingston

 

THE APPEALS CHAMBER

NOTING the Request filed by the Defence on 8 September 1997, seeking an extension of time for filing the Appellant’s Brief from 29 October 1997 to 29 December 1997 ("the Request"),

NOTING the filing of a further Motion for the Extension of the Time Limit filed by the Appellant on 6 October 1997 ("the Motion"), and the response of the Office of the Prosecutor ("Prosecution") thereto, filed on 20 October 1997,

NOTING FURTHER the Defence request filed on 27 October 1997, seeking the scheduling of a status conference at some time after 29 October 1997 at which "the Defence can explain the reasons for an Sextended time limitC for an Appeal" ("the Status Conference Request"),

NOTING the Scheduling Order of 11 November 1997 which extended the time for filing of the Appellant’s brief and the filing of the Cross-Appellant’s brief to 11 December 1997, pending the decision of the President of the International Tribunal of the future composition of the Appeals Chamber,

NOTING the Order of the President of the International Tribunal of 20 November 1997, appointing Judge Shahabuddeen, Judge Cassese, Judge Wang, Judge Nieto-Navia and Judge Mumba as members of the Appeals Chamber for this matter, Judge Shahabuddeen presiding,

NOTING FURTHER the Notice of Appeal against Sentencing Judgment of 14 July 1997 filed on behalf of the Appellant on 11 August 1997 and the response of the Registrar of 14 October 1997 indicating that the time limit for filing of the Appellant’s brief on the Sentencing Judgment shall be no later than 12 January 1998,

NOTING ALSO that Rule 116 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") has now been deleted and that matters relating to the running of time are now governed by Rules 126 and 127, adopted by the International Tribunal at the Fourteenth Plenary Session held on 12 November 1997 (copies of which are attached for the information of the parties),

CONSIDERING that Rule 127 provides that the Appeals Chamber may "upon good cause being shown by motion (i) enlarge or reduce any time prescribed by or under" the Rules",

CONSIDERING FURTHER that the Motion is based upon an application to present additional evidence pursuant to Rule 115 of the Rules,

PURSUANT TO Rules 54 and 127 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY ORDERS as follows:

  1. the time for filing of the Appellant’s brief and the filing of the Cross-Appellant’s brief is extended to 12 January 1998;
  2. the briefs shall be limited to the grounds set out in the Appellant’s and Cross-Appellant’s Notices of Appeal filed on 3 and 6 June 1997 respectively, and to the material contained in the record on appeal as certified by the Registrar of the International Tribunal;
  3. oral argument on the Motion shall be heard on 22 January 1998, following which the Appeals Chamber will instruct the parties as to the content and timing of further filings by the parties.

 


Mohamed Shahabuddeen
Presiding Judge

Dated this twenty-fourth day of November 1997
At The Hague
The Netherlands

[Seal of the Tribunal]