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
Order of:
18 November 2005
PROSECUTOR
v.
RAMUSH HARADINAJ
IDRIZ BALAJ
LAHI BRAHIMAJ
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ORDER REGARDING TIME FOR FILINGS
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The Office of the Prosecutor:
Ms. Carla del Ponte
Mr. Stephan Waespi
Mr. Gilles Dutertre
Mr. Philippe Vallieres-Roland
Accused / Counsel for the Accused:
Ramush Haradinaj
Mr. Ben Emmerson
Mr. Rodney Dixon
Mr. Conor Gearty
Mr. Michael O’Reilly
Idriz Balaj
Mr. Gregor Guy-Smith
Lahi Brahimaj
Mr. Richard Harvey
TRIAL CHAMBER II ("Trial 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 ("Tribunal"):
NOTING the "Prosecution Motion for Extension of the Stay of the Decision on Defence Motion of Ramush Haradinaj to Request Re-assessment of Conditions of Provisional Release Granted 6 June 2005" ("Motion"), filed urgently by the Office of the Prosecutor ("Prosecution") on 18 November 2005;
NOTING the Trial Chamber’s "Decision on Defence Motion of Ramush Haradinaj to Request Re-assessment of Conditions of Provisional Release Granted 6 June 2005" ("Variation Decision") dated 12 October 2005;
NOTING the "Prosecution’s Appeal Against ‘Decision on Defence Motion of Ramush Haradinaj to Request Re-assessment of Conditions of Provisional Release Granted 6 June 2005’", filed by the Prosecution on 19 October 2005;
NOTING the Trial Chamber’s "Extension of Order Relating to Prosecution Motion to Stay the Trial Chamber’s Decision of 12 October 2005 Regarding Conditions of Provisional Release of Ramush Haradinaj" ("Order to Stay") of 31 October 2005, in which the Trial Chamber ordered that an interim stay of the Variation Decision granted previously shall be extended until 21 November 2005, or until such date as the Appeals Chamber may render its decision, if this occurs prior to that date;
NOTING that in its Motion, the Prosecution requests that the Order to Stay should be extended for another 15 days, i.e., until 6 December 2005;
CONSIDERING that the Defence should be given the opportunity to be heard on the Request, and that any such response should be submitted to the Trial Chamber expeditiously;
PURSUANT TO Rule 126bis of the Tribunal’s Rules of Procedure and Evidence
ORDERS the Defence to file a Response to the Request, if any, no later than by Monday,
21 November 2005, 1 p.m.
Done in English and French, the English version being authoritative.
Dated this eighteenth day of November 2005
At The Hague
The Netherlands
________________________
Carmel Agius
Presiding Judge
[Seal of the Tribunal]