BEFORE THE PRE-APPEAL JUDGE
Before: Judge Mohamed Bennouna, Pre-Appeal Judge
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of: 28 September 2000
ORDER ON APPLICATION FOR EXTENSION OF TIME
Counsel for the Prosecutor:
Mr. Upawansa Yapa
Counsel for the Defence:
Mr. Ranko Radovic, Mr. Tomislav Pasaric for Zoran Kuprekic
I, MOHAMED BENNOUNA, 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 ("the International Tribunal"),
HAVING BEEN APPOINTED as pre-appeal Judge in this matter by virtue of an order of the Appeals Chamber dated 16 May 2000;
BEING SEIZED OF the "Petition of the Counsel of Zoran and Mirjan Kupreskic with which they Request the Extension of Time Limit for Presenting the Additional Evidence According to the Rule 115 of the Procedure and Evidence SsicC filed by the Defence for Zoran Kuprekic and Mirjan Kuprekic on 26 September 2000 (the Motion for Extension of Time);
NOTING the "Order" issued on 29 August 2000, in which the pre-appeal Judge orders that "the time-limit for the filing of a Motion for additional evidence pursuant to Rule 115 of the Rules in relation to the documents attached to the Appellant Briefs of Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic and Vladimir Santic, and to the Croatia Documents shall be Wednesday 4 October 2000" ("the Order of 29 August");
NOTING the "Prosecutions Response to Petition of the Counsel of Zoran Kupreskic and Mirjan Kupreskic with which They Request the Extension of the Time Limit for Presenting the Additional Evidence According to the Rule 115 of the Rules of Procedure and Evidence", filed 28 September 2000;
NOTING that the Motion for Extension of Time requests an extension of the time-limit set out in the Order of 29 August by one month until 4 November 2000, on the ground that the additional evidence to be submitted consists of documents from the archives of the Republic of Croatia, which are not yet translated into an official language of the International Tribunal;
NOTING that pursuant to sub-Rules 127(A)(i) and 127(B) of the Rules of Procedure and Evidence ("the Rules") the Appeals Chamber may, on good cause being shown, "enlarge or reduce any time prescribed by or under these Rules";
CONSIDERING that motions for the application of additional evidence pursuant to Rule 115 of the Rules must be filed "... not less than fifteen days before the date of the hearing";
CONSIDERING that it is the understanding of the pre-appeal Judge that the forthcoming submissions by the Defence for Zoran Kupreskic and Mirjan Kupreskic will consist of a motion arguing the reasons for admittance of additional evidence pursuant to Rule 115 of the Rules of each document as well as an attachment containing the original documents - the actual potential additional evidence, and the translations into an official language of the International Tribunal of these documents;
CONSIDERING that documents in Bosnian/Croatian/Serbian have been submitted to the Registry of the International Tribunal for translation by the Defence for Zoran Kupreskic and Mirjan Kupreskic;
CONSIDERING that the language spoken by the Defence for Zoran Kupreskic and Mirjan Kupreskic is Bosnian/Croatian/Serbian;
FINDING that the motion arguing the reasons for admittance of additional evidence and the attached original documents may be submitted regardless of whether all the translations have been completed;
FINDING that the Motion for Extension of Time has not shown good cause within the meaning of Rule 127 of the Rules;
HEREBY DENIES the Motion for Extension of Time.
REAFFIRMS that the filing date for motions for additional evidence is 4 October 2000 for Zoran Kupreskic, Mirjan Kupreskic, Drago Josipovic and Vladimir Santic.
AND FURTHER ORDERS that the documents in Bosnian/Croatian/Serbian relied upon in any motion for additional evidence shall be filed in one of the official languages of the International Tribunal as soon as translated.
Done in both English and French, the English text being authoritative.
Judge Mohamed Bennouna
Dated this twenty-eighth day of September 2000
At The Hague,
[Seal of the Tribunal]