Case: IT-99-36-A

PRESIDENT OF THE INTERNATIONAL TRIBUNAL

Before:
Judge Theodor Meron, President

Registrar:
Mr. Hans Holthuis

Order of:
4 October
2004

PROSECUTOR

v.

RADOSLAV BRDANIN

___________________________________

DECISION ON MOTION FOR EXTENSION OF TIME

___________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell
Mr. Mark J. McKeon

Counsel for the Defence:

Mr. John Ackerman

 

I, THEODOR MERON, President 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 ("International Tribunal"),

NOTING the Judgement rendered by Trial Chamber II on 1 September 2004;

NOTING the "Order Assigning Judges to a Case Before the Appeals Chamber," issued 28 September 2004;

NOTING the "Order Designating a Pre-Appeal Judge" issued today, which assigned me to serve as Pre-Appeal Judge in this case;

NOTING the "Intent to File Notice of Appeal and Request for Extension of Time to File Notice of Appeal," filed by Radoslav Brdjanin on 22 September 2004 ("Motion"), and the "Prosecutionís Response to Appellantís Request for Extension of Time to File a Notice of Appeal," filed by the Office of the Prosecutor on 23 September 2004;

CONSIDERING that Brdjanin seeks an extension of time for the filing of his notice of appeal until 30 days from the date he receives a copy of the Judgement in a language he understands mainly on the ground that such time is needed to read the Judgement in his own language and prepare a notice of appeal;

CONSIDERING that Rule 108 of the Rules provides that "[a] party seeking to appeal a judgement shall, not more than thirty days from the date on which the judgment was pronounced, file a notice of appeal, setting forth the grounds," and that the rule further states that "[t]he Appeals Chamber may, on good cause being shown by motion, authorise a variation of the grounds of appeal";

CONSIDERING that the Conference and Language Services Section has advised the Appeals Chamber that a B/C/S translation of the Judgement will be available only on or about 7 January 2005;

CONSIDERING that the filing of a notice of appeal marks the very beginning of the appeal proceedings in a case, and that since the time limits for the filing of appellantís briefs, respondentís briefs, and briefs in reply are calculated from the date on which the notice of appeal is filed, any delays at such an early stage will affect subsequent filings;

CONSIDERING that the Defence, having chosen English as the working language for the case, is able to understand the Judgement, to discuss with Brdjanin possible grounds of appeal, and to advise him as to potential errors of facts and law contained therein, and that the determination of potential grounds of appeal falls primarily within the purview of the Defence;

CONSIDERING, therefore, that the Defence is in a position to file a notice of appeal within the time limit provided for under Rule 108 of the Rules;

FINDING that there is not good cause under Rule 127(B) of the Rules for granting an extension of time for the filing of the notice of appeal;

CONSIDERING further that after the Judgement becomes available in the B/C/S language, the Defence may request, pursuant to Rule 108 of the Rules, to vary or specify in greater detail the grounds of appeal or to file additional grounds of appeal;

HEREBY DENY the Motion.

 

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

Dated this 4th day of October 2004,
At The Hague,
The Netherlands.

___________________________
Theodor Meron
President

[Seal of the Tribunal]