BEFORE THE PRE-APPEAL JUDGE
Before: Judge Fausto Pocar, Pre-Appeal Judge
Registrar: Mr. Hans Holthuis
Order of: 12 March 2001
PROSECUTOR
v.
TIHOMIR BLASKIC
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ORDER GRANTING EXTENSION OF TIME
___________________________________________________________
Counsel for the Prosecutor:
Mr. Upawansa Yapa
Counsel for the Appellant:
Mr. Anto Nobilo
Mr. Russell Hayman
Mr. Andrew Paley
I, FAUSTO POCAR, Judge of 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 ("the International Tribunal"),
BEING SEIZED of the "Prosecution Request for an Additional Extension of Time" filed on 27 February 2001, which moves for an extension of one additional month within which to file its Response to the "Appellants Brief in Support of Motion to Admit Additional Evidence on Appeal Pursuant to Rule 115, in Accordance with the Appeals Chambers Decision of 26 September 2000", filed on 19 January 2001 ("the Appellants Brief in Support of Rule 115 Motion");
NOTING the "Prosecution Request for An Extension of Time" filed on 26 January 2001, in which the Prosecution requested authorization to file its Response to the Appellants Brief in Support of Rule 115 Motion by 19 April 2001, in light of the large volume of documentary evidence tendered and the numerous assertions made vis-à-vis the judgement of the Trial Chamber;
NOTING the "Order Granting Extension of Time" issued on 20 February 2001, which allows the Prosecution an extension of time to file its Response to the Appellants Brief in Support of Rule 115 Motion by 19 March 2001;
NOTING that the Prosecution asserts that the Appeals Section requires the assistance of counsel who worked on the trial against Tihomir Blaskic in order to formulate its position with respect to the Appellants Brief in Support of Rule 115 Motion for additional evidence, submits that these counsel are not available sufficiently in time to meet the deadline set by the Order Granting Extension of Time and submits that the additional extension requested will not delay the appeal;
CONSIDERING that the review of the documents proffered as additional evidence by the Appellant requires a comprehensive understanding of the evidence at trial and the Trial Chambers findings;
CONSIDERING that Rule 127 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules") allows the Appeals Chamber to enlarge or reduce any time prescribed by or under the Rules, on good cause being shown;
CONSIDERING that the reasons advanced show that the Prosecution requires more time for the preparation of a properly considered Response and thus, there is good cause for enlarging the time-limit;
PURSUANT TO Rule 127 of the Rules;
HEREBY ORDERS that the deadline for filing the Prosecutions Response to the Appellants Brief in Support of Rule 115 Motion shall be extended to Thursday 19 April 2001.
Done in both English and French, the English text being authoritative.
________________________________
Fausto Pocar
Pre-Appeal Judge
Dated this 12 day of March 2001
At The Hague,
The Netherlands.
[Seal of the Tribunal]