Case: IT-02-60-AR65 & IT-02-60-AR65.2

IN THE APPEALS CHAMBER

Before:
Judge Mohamed Shahabuddeen, Presiding
Judge David Hunt
Judge Mehmet Güney
Judge Fausto Pocar
Judge Theodor Meron

Registrar:
Mr. Hans Holthuis

Decision of:
6 September
2002

PROSECUTOR

v

Vidoje BLAGOJEVIC
Dragan OBRENOVIC
Dragan JOKIC
Momir NIKOLIC

___________________________________________

DECISION ON PROSECUTIONíS REQUEST FOR LEAVE TO FILE CONSOLIDATED RESPONSE

___________________________________________

Counsel for the Prosecutor:

Mr. Peter McCloskey

Counsel for the Accused:

Mr. Michael Karnavas, for Vidoje Blagojevic
Mr. David Eugene Wilson, for Dragan Obrenovic

 

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,

NOTING the "Decision on Dragan Obrenovicís Application for Provisional Release" and the "Decision on Vidoje Blagojevicís Application for Provisional Release", both filed on 22 July 2002, and refusing provisional release to both accused ("Impugned Decisions");

NOTING the "Decision on Application by Obrenovic for Leave to Appeal" and the "Decision on Application by Blagojevic for Leave to Appeal", rendered by a bench of three Judges of the Appeals Chamber on 27 August 2002, granting leave to both accused to appeal from the Impugned Decisions;

NOTING the "Appeal of the Trial Chamberís Decision on Dragan Obrenovicís Application for Provisional Release", filed on 30 August 2002 ("Obrenovic Appellantís Brief");

BEING SEISED OF the "Prosecutionís Request for Leave to File Consolidated Response to Pending Motion by the Accused Obrenovic, and to Anticipated Motion by Accused Blagojevic, Regarding Appeal on Applications for Provisional Release", filed on 2 September 2002, whereby the Prosecution seeks leave to file a consolidated response in relation to both Obrenovic Appellantís Brief and Blagojevic Appellantís Brief;

NOTING the "Appeal from Trial Chamberís Impugned Decision on Vidoje Blagojevicís Application for Provisional Release", filed on 2 September 2002 ("Blagojevic Appellantís Brief");

NOTING the "Accused Blagojevicís Non-Opposition to the Prosecutorís Request for Leave to File Consolidated Response to Pending Motions by Accused Blagojevic and Obrenovic Regarding Appeal on Application for Provisional Release", filed on 3 September 2002;

NOTING the "Accused Obrenovicís Non-Opposition to the Prosecutorís Request for Leave to File Consolidated Response to Pending Appeals Filed by Accused Obrenovic and Blagojevic Regarding Denial(s) of Provisional Release", filed on 4 September 2002;

NOTING that the Prosecutionís Response in relation to Obrenovicís Appellantís Brief is due on 9 September 2002;

CONSIDERING that the Appellantsí briefs contain many similar arguments and that having one only response would be both time-efficient and more practical;

NOTING the Prosecutionís submissions that it has already had an opportunity to consider the issues common to both appeals, and that the Prosecution would be in a position to file its consolidated response seven (7) days following the receipt of the Blagojevic appeal;

HEREBY GRANTS the Prosecutionís Request and ORDERS the Prosecution to file its consolidated brief in response seven (7) days from the filing date of the last appellantís brief, i.e. no later than Monday 9 September 2002.

 

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

Dated this 6 September 2002,
At The Hague,
The Netherlands.

________________________
Mohamed Shahabuddeen
Presiding Judge

[Seal of the Tribunal]