Case No. IT-04-84-PT

IN TRIAL CHAMBER II

Before:
Judge Hans Henrik Brydensholt, Pre-trial Judge

Registrar:
Mr. Hans Holthuis

Order of:
5 May 2005

PROSECUTOR

v.

Ramush HARADINAJ
Idriz BALAJ
Lahi BRAHIMAJ

_____________________________________________

DECISION ON PROSECUTIONíS URGENT APPLICATION FOR AUTHORISATION TO EXCEED PAGE LIMIT FOR RESPONSES

_____________________________________________

The Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Dermot Groome
Ms. Marie Tuma

Accused / Counsel for the Accused:

Ramush Haradinaj

Mr. Rodney Dixon
Mr. Ben Emmerson
Mr. Conor Gearty
Mr. Michael OíReilly

Idriz Balaj

Mr. Gregor Guy-Smith

Lahi Brahimaj

Mr. Richard Harvey

 

I, Hans Henrik Brydensholt, 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"):

NOTING the "Urgent Prosecutionís Application for Authorization to Exceed the Page Limit for Responses" ("Application"), filed on 4 May 2005, wherein the Prosecution requests to be authorised to file a response consisting of 18 pages to the "Defence Motion on Behalf of Ramush Haradinaj for Provisional Release" ("Defence Motion"), filed on 21 April 2005, the Prosecution thereby exceeding the page limit of 10 pages imposed by the Tribunalís Practice Direction on the Length of Briefs and Motions ("Practice Direction")1;

NOTING that in support of its Application, the Prosecution submits that the complexity of the issues raised in the Defence Motion necessitate the oversized filing;

CONSIDERING that, under paragraph 7 of the Practice Direction, the Trial Chamber may give authorisation to a party to exceed the specified page limit if the party

(a) seeks authorisation in advance, and

(b) provides an explanation of the exceptional circumstances that necessitate the oversized filing;

CONSIDERING that the Defence Motion consists of 10 pages and 13 attachments;

FINDING that the volume and complexity of the Defence Motion constitute exceptional circumstances that justify giving authorisation for an extension of the page limit;

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Tribunal

HEREBY GRANTS the Application.

 

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

Dated this fifth day of May 2005
At The Hague
The Netherlands

____________________________
Hans Henrik Brydensholt
Pre-trial Judge

[Seal of the Tribunal]


1. IT/184/Rev.1, issued on 5 March 2002.