Case No. IT-98-29-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Florence Ndepele Mwachande Mumba

Registrar:
Mr. Hans Holthuis

Decision of:
28 June 2004

PROSECUTOR

v.

STANISLAV GALIC

___________________________________

DECISION ON PROSECUTIONíS REQUEST FOR EXTENSION OF TIME TO FILE RESPONSE TO DEFENCE ADDITIONAL EVIDENCE MOTION OF 18 JUNE 2004

___________________________________

Counsel for the Prosecutor:

Mr. Norman Farell
Mr. Mathias Marcussen

Counsel for the Appellant:

Ms. Mara Pilipovic
Mr. Stephane Piletta-Zanin

 

I, FLORENCE NDEPELE MWACHANDE MUMBA, 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 ("International Tribunal"),

NOTING the "Order Assigning Judges to a Case Before the Appeals Chamber and Designating a Pre-Appeal Judge", filed on 18 December 2003, which, inter alia, designates me to serve as Pre-Appeal Judge in this case;

NOTING the "Defence Motion to Present Before the Appeals Chamber Additional Evidences [sic]", filed confidentially by counsel for Stanislav Galic ("Motion" and "Defence", respectively) on 18 June 2004;

BEING SEISED OF the "Prosecutionís Request for Extension of Time to File Response to Defence Additional Evidence Motion of 18 June 2004", filed by the Prosecution on 23 June 2004, in which the Prosecution seeks a two week extension from the date by which a response to the Motion must be filed until 12 July 2004 ("Request");

NOTING that the Defence has informed the Appeals Chamber that it does not object to the Request;

NOTING that paragraph 11 of the Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings before the International Tribunal1 provides that where a motion has been filed by a party wishing to move the Appeals Chamber for a specific ruling or relief, "[t]he opposite party shall file a response within ten days of the filing of the motion";

NOTING that Rule 127 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), on variation of time-limits, reads as follows:

(A) Save as provided by paragraph (C), a Trial Chamber may, on good cause being shown by motion,

(i) enlarge or reduce any time prescribed by or under these Rules;

(ii) recognize as validly done any act done after the expiration of a time so prescribed on such terms, if any, as is thought just and whether or not that time has already expired.

(B) In relation to any step falling to be taken in connection with an appeal or application for leave to appeal, the Appeals Chamber or a bench of three Judges of that Chamber may exercise the like power as is conferred by paragraph (A) and in like manner and subject to the same conditions as are therein set out.

(C) This Rule shall not apply to the times prescribed in Rules 40 bis and 90 bis.

CONSIDERING that the Prosecutionís argument that as most of the documents sought for admission have not been fully translated, it will be required to have these documents reviewed by language assistants, constitutes "good cause" within the meaning of Rule 127 of the Rules to extend the time for the filing of the Prosecutionís response to the Motion;

FOR THE FOREGOING REASONS,

GRANT the Request and,

ORDER the Prosecution to file its response to the Motion, no later than 12 July 2004.

 

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

_______________
Judge Florence Ndepele Mwachande Mumba
Pre-Appeal Judge

Dated this 28th day of June 2004,
At The Hague,
The Netherlands.

[Seal of the Tribunal]


1. IT/155 Rev. 1, 7 March 2002.