Case No. IT-98-29-A

IN THE APPEALS CHAMBER

Before:
Judge Florence Ndepele Mwachande Mumba - Pre-Appeal Judge

Registrar:
Mr. Hans Holthuis

Decision:
17 September 2004 

PROSECUTOR

v.

STANISLAV GALIC

___________________________

INTERIM ORDER

___________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for Stanislav Galic:

Mr. Stéphane Piletta-Zanin
Ms. Mara Pilipovic

 

I, FLORENCE NDEPELE MWACHANDE MUMBA, a Judge of the Appeals Chamber of the International Tribunal Responsible for Serious violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("International Tribunal"),

NOTING that in the Prosecutionís Notice of Appeal dated 18 December 2003 and subsequent documents the Prosecution have used English as their working language;

NOTING the Decision on Request for Extension of Time to File Notice of Appeal dated 22 December 2003 in which the Defence requested by letter dated 8 December 2003, an extension of of the date by which the Defence had to file a Notice of Appeal until 30 days from the date on which the official French translation of the Judgement and Opinion was available, arguing that as the Defence had chosen French as its working language, an extension of time would be in the interests of justice and equality as it would allow the Defence to receive the Judgement in its working language and allow the Defence to consult fully with Mr Stanislav Galic.

NOTING that in the Notice of Appeal filed by Counsel for Stanislav Galic ("the Defence") dated 4 May 2004 and other documents the Defence used French as their working language1;

NOTING that the Defence appeal brief was filed in English on 19 July 2004 followed by a corrigendum to the brief filed in English on 28 July 2004, which brief was later filed in French on 13 August 2004 encompassing the corrections made in the English corrigendum;

NOTING Article 33 of the Statute of the International Tribunal which provides that "the working languages of the International Tribunal shall be English and French"2;

CONSIDERING that English and French are the working languages of the International Tribunal, it is the practice of this tribunal that parties work in both or either languages but for the purposes of filing documents one particular language must be authoritative;

CONSIDERING that the Registrar shall make necessary arrangements for the interpretation and translation into and from the working languages of any such filed documents3;

CONSIDERING that it is essential to maintain professional discipline to expedite these proceedings and in the interests of justice;

NOTING Rule 54 and Rule107 of the Rules of Procedure and Evidence;

HEREBY ORDER that each party, having chosen its working language shall, for the purposes of this appeal, file documents only in that particular language, which language shall be authoritative, that is for the Appellant Stanislav Galic, French, and for the Prosecution, English.

 

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

Done this 17th day September 2004,
At The Hague,
The Netherlands

_____________________
Judge Florence Ndepele Mwachande Mumba
Pre-Appeal Judge

[Seal of the Tribunal]


1. See also the Letter dated 8 December 2003, in which Counsel for the Defence, Stephane Piletta-Zanin indicated French as the working language of the Defence. See also Decision for Request For Extension of Time To File Notice of Appeal dated 22 December 2003.
2. See also Rule 3(A) of the Rules of Procedure and Evidence.
3. Rule 3(E) of the Rules of Procedure and Evidence.