Case No. IT-04-84-PT

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Hans Henrik Brydensholt
Judge Albin Eser

Registrar:
Mr. Hans Holthuis

Decision of:
8 June 2005

PROSECUTOR

v.

RAMUSH HARADINAJ
IDRIZ BALAJ
LAHI BRAHIMAJ

________________________________________________

DECISION ON HARADINAJ DEFENCE APPLICATION FOR EXTENSION OF THE TIME LIMIT FOR PRELIMINARY MOTIONS

________________________________________________

The Office of the Prosecutor:

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

Counsel for the Accused Mr. Haradinaj:

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

 

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"):

BEING SEIZED OF the "Defence Application on Behalf of Ramush Haradinaj for Extension of the Time Limit for Preliminary Motions" ("Application"), filed on 5 June 2005 by Counsel for Ramush Haradinaj ("Defence"), in which the Defence requests an extension of the time limit for the filing of preliminary motions as provided for in Rule 72(A) of the Tribunalís Rules of Procedure and Evidence ("Rules");

NOTING that Rule 72(A) of the Rules provides that "Preliminary motions [...] shall be in writing and be brought no later than thirty days after disclosure by the Prosecutor to the defence of all material and statements referred to in Rule 66(A)h(i) [...]";

NOTING that the Prosecution fulfilled its obligations under Rule 66(A)(i) of the Rules on
5 May 2005,1 and that therefore, the time limit stipulated by that Rule expired on 5 June 2005;

NOTING that the Defence requests an extension of the aforementioned time limit by 30 days, i.e. to expire on 5 July 2005, for the reason that its resources have been employed until recently to a considerable degree by the proceedings regarding Ramush Haradinajís application for provisional release;2

CONSIDERING that the Defence team consists of four experienced lawyers;

CONSIDERING that both parties are normally expected to pool their resources to the effect that they are able to file any motions within the set time limits;

FINDING that it is not necessary to hear the Office of the Prosecutor before ruling on this Application;

FINDING that an expeditious conduct of pre-trial proceedings is in the interests of justice, and that for the above-mentioned reasons, an extension of the time limit mentioned in Rule 72(A) of the Rules to the extent proposed by the Defence does not seem warranted in the circumstances;

PURSUANT to Rules 54 and 127(A) of the Tribunalís Rules of Procedure and Evidence;

HEREBY REJECT the Application in part and

DECIDE that the time limit to file preliminary motions pursuant to Rule 72 of the Rules shall be extended by 15 days and thus expire on 20 June 2005.

 

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

Dated this eighth day of June 2005,
At The Hague
The Netherlands

_____________________
Hans Henrik Brydensholt
Pre-Trial Judge

[Seal of the Tribunal]


1. Prosecutionís Third Report on Rule 66(A)(i) Disclosure, 5 May 2005.
2. Application, para. 3.