Case No. IT-04-82-PT


Judge Albin Eser, Pre-Trial Judge

Mr. Hans Holthuis

Decision of:
20 June 2005







Counsel for the Prosecutor:

Mr. Kenneth Scott

Counsel for the Accused:

Mr. Dragan Godzo for Ljube Boskoski
Mr. Antonio Apostolski for Johan Tarculovski


I, Albin Eser, Pre-Trial 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 ("Tribunal"):

BEING SEISED OF the "Motion on behalf Ljube Boskovski for Leave to File a Reply and to Vary the Time-Limit for Filing the Reply to the Prosecution’s Response to Provisional Release" ("Motion of Ljube Boskovski") filed on 14 June 2005 by counsel for Ljube Boskovski ("Defence of Ljube Boskovski"), and the "Motion to Grant Leave to File a Reply and Vary the Time Limit for Filing the Reply to the Prosecution’s Response to Provisional Release" ("Motion of Johan Tarculovski”) filed on 15 June 2005 by counsel for Johan Tarculovski (“Defence of Johan Tarculovski”) (together "Motions");

NOTING the “Prosecution’s Response to Johan Tarculovski’s Application for Provisional Release” (“Response to Johan Tarculovski”) and the "Prosecution’s Response to Ljube Boskovski’s Application for Provisional Release" ("Response to Ljube Boskovski") filed by the Office of the Prosecutor ("Prosecution") on 2 and 7 June 2005 respectively (together "Responses");

NOTING that the Motions seek: (i) leave to reply to the Responses and (ii) an extension of time for the filing of the replies until 30 June 2005, pursuant to Rules 126 bis and 127 of the Tribunal’s Rules of Procedure and Evidence ("Rules");

NOTING that Rule 126 bis of the Rules provides, inter alia, that a reply to the response shall be filed within seven (7) days of the filing of the response, with the leave of the relevant Chamber;

NOTING that Rule 127 provides, inter alia, that a Trial Chamber may, on good cause being shown by motion, enlarge any time prescribed by the Rules;

NOTING that the 7-day time period proscribed in Rule 126 bis for both Accused to file a reply has expired;

NOTING that the Defence of Ljube Boskovski submits that it is fair and proper that the Accused be permitted to file a reply given the nature and the basis of the Prosecution’s objections and that the Prosecution has indicated to it that it does not object to the Motion of Ljube Boskovski;1

NOTING that the Defence of Johan Tarculovski submits that it received the Response to Johan Tarculovski by regular mail only on 13 June 2005, which caused a delay of 11 days since the filing date of the response and that it can rebut the Prosecution’s arguments if its request for an extension of time is granted;2

CONSIDERING the significance of the arguments raised by the Prosecution against the provisional release of Ljube Boskovski and Johan Tarculovski and the delay for the Defence of Johan Tarculovski in receiving the Response to Johan Tarculovski;

CONSIDERING that it is in the interest of justice to give both Accused the opportunity to reply to the Responses and adequate time to prepare their replies;

CONSIDERING that the hearing on the requests for provisional release is scheduled on 30 June 2005;

PURSUANT to Rules 126 bis and 127(A) of the Rules;

HEREBY GRANT the Motions and ORDER that the replies shall be filed by 28 June 2005.


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

Dated this twentieth day of June 2005,
At The Hague
The Netherlands

Albin Eser
Pre-Trial Judge

[Seal of the Tribunal]

1. Motion of Ljube Boskovski, para. 7.
2. Motion of Johan Tarculovski, page 2.