BEFORE THE APPEALS CHAMBER

Before:
Judge Mohamed Bennouna, Presiding
Judge Lal Chand Vohrah
Judge Rafael Nieto-Navia
Judge Patricia Wald
Judge Fausto Pocar

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
16 May 2000

PROSECUTOR

v.

ZORAN KUPRESKIC
MIRJAN KUPRESKIC
VLATKO KUPRESKIC
DRAGO JOSIPOVIC
VLADIMIR SANTIC

_______________________________________________________

DECISION ON PETITION OF THE COUNSELS OF ZORAN KUPRESKIC, MIRJAN KUPRESKIC, DRAGO JOSIPOVIC AND VLADIMIR SANTIC

_______________________________________________________

Counsel for the Prosecutor:

Mr. Upawansa Yapa

Counsel for the Defence:

Mr. Ranko Radovic, Mr. Tomislav Pasaric for Zoran Kupreskic
Ms. Jadranka Slokovic-Glumac, Ms. Desanka Vranjican for Mirjan Kupreskic
Mr. Borislav Krajina, Mr. Zelimir Par for Vlatko Kupreskic
Mr. Luko Susak, Ms. Goranka Herljevic for Drago Josipovic
Mr. Petar Pavkovic, Mr. Mirko Vrdoljak for Vladimir Santic

 

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 ("the International Tribunal"),

BEING SEIZED OF the "Petition of the Counsels of Zoran Kupreškic, Mirjan Kupreškic, Drago Josipovic and Vladimir Šantic With Which They Propose the Approval of the Petition Against the Decision of the Appeal Chamber from 18.4.00 and Lodge the Complaint or Alternatively the Repeated Proposal for Prolongation of the Term for the Appeal" filed 25 April 2000, in which a further extension of the time-limit for the filing of the Appellants’ Briefs is sought;

NOTING the "Prosecution Response to the Defence Request for an Extension of time Filed on 25 April 2000" filed on 5 May 2000;

NOTING the “Request of the Counsels of Zoran and Mirjan Kupreškic and Frago SsicC Josipovic for the Prolongation of the Appeal Period of the Verdict from 14.1.2000” filed 17 March 2000, “The Request of the Counsel of Vladimir Šantic for the Enlargement of Time Limit for the Appeal Against the Judgement of 14 January 2000” filed 23 March 2000, and “Confidential Request for the Extension of the Time Limit for the Appeal Against the Judgement of 14 January 2000, in the Case of Vlatko Kupreškic” filed 27 March 2000 (together the "Original Motions for Extension of Time") in which the Appellants requested an extension to the original deadline for the filing of the Appellants’ Briefs;

NOTING the Appeals Chamber’s "Order Granting Extension of Time and Scheduling Order" filed 18 April 2000, in which the Appeals Chamber ordered that the deadline for the filing of the Appellants’ Briefs be extended to 2 June 2000;

CONSIDERING that Rule 127 of the Rules of Procedure and Evidence ("Rules") provides that the Appeals Chamber may on good cause being shown enlarge or reduce any time prescribed by the Rules;

CONSIDERING that the Appellants may request an extension of the time-limits for filing of the Appellants’ Briefs, in addition to and subsequent to the Original Motions for Extension of Time;

CONSIDERING that the Appellants have shown that additional time is required to prepare the Appellants’ Briefs;

CONSIDERING that the Appellants have shown that additional time is required to translate the Appellants’ Briefs into English;

CONSIDERING that the Prosecution would not oppose the granting of an appropriate additional extension of time in circumstances where the size, complexity or difficulty of a case makes it impracticable for an appellant’s counsel to prepare an adequate appeal brief within the normal time limits;

CONSIDERING that such circumstances apply in this case;

CONSIDERING therefore that there is good cause for extending the deadline;

HEREBY, ORDERS that the deadline for the filing of the Appellants’ Briefs under Rule 111 for all parties shall be extended to 2 July 2000.

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

 

________________________________
Mohamed Bennouna
Presiding Judge

Dated this 16th day of May 2000
At The Hague,
The Netherlands.

[Seal of the Tribunal]