Case No. IT-99-36-T

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Ivana Janu
Judge Chikako Taya

Registrar:
Mr. Hans Holthuis

Decision of:
3 March 2004

PROSECUTOR

v.

RADOSLAV BRDJANIN

_________________________________

DECISION ON MOTION FOR EXTENSION

______________________________

The Office of the Prosecutor:

Ms. Joanna Korner

Counsel for the Accused:

Mr. John Ackerman
Mr. David Cunningham

 

TRIAL CHAMBER II ("Trial 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 ("Tribunal"):

BEING SEISED OF the "Motion for Extension" filed on 26 February 2004 ("Motion"), by Counsel for the Accused Radoslav Brdjanin (ďDefenceĒ), wherein the Defence requests the following:

  1. to file the Final Trial Brief by 5 April 2004;
  2. to file responses to the Final Trial Brief by 16 April 2004; and
  3. for the Closing Arguments to be scheduled from 20 to 23 April 2004;1

NOTING the "Prosecutionís Response to "Motion for Extension"", filed on 27 February 2004 ("Prosecutionís Response"), in which the Prosecution has indicated preference for the following schedule, whereby:

  1. the parties file their Final Trial Briefs by 26 March 2004; and
  2. the Closing Arguments be scheduled from 5 to 8 April 2004;2

NOTING however, that the Prosecution has indicated that it does not object to the Motion;3

NOTING that the original schedule required the parties:

  1. to file their Final Trial Briefs by 26 March 2004;
  2. to file responses to the Final Trial Briefs by 2 April 2004; and
  3. to present their Closing Arguments from 5 to 8 April 2004;4

CONSIDERING that pursuant to Article 86 (B) of the Rules of Procedure and Evidence of the Tribunal ("Rules"), a party shall file a Final Trial Brief no later than five days prior to presenting a Closing Argument;

CONSIDERING further, that although the Trial Chamber will be granting the Motion, it will benefit considerably if the parties do their best to file the Final Trial Briefs before the set time-limits as this would enable the Trial Chamber to conclude the Closing Arguments earlier;

FOR THE FOREGOING REASONS

PURSUANT TO Rule 54 of the Rules;

HEREBY GRANTS the Motion and ORDERS:

  1. the parties:
    1. to file the Final Trial Briefs by 5 April 2004;
    2. to file responses to the Final Trial Briefs by 16 April 2004; and

  2. the Closing Arguments of the parties to be scheduled from 20 to 23 April 2004;

AND ENJOINS the parties to do everything possible to submit the above mentioned Briefs at an earlier date.

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

Dated this 3rd day of March 2004
At The Hague
The Netherlands

_____________
Carmel Agius
Presiding Judge

[Seal of the Tribunal]


1. Motion, p.2.
2. Prosecutionís Response, para. 2.
3. Prosecutionís Response, para. 3.
4. 18 December 2003, T. 23837.