BEFORE THE PRE-APPEAL JUDGE
Before:
Judge Theodor Meron, Pre-Appeal Judge
Registrar:
Mr. Hans Holthuis
Decision of:
26 April 2006
PROSECUTOR
v.
Fatmir LIMAJ
Haradin BALA
Isak MUSLIU
___________________________________________
DECISION ON DEFENCE APPLICATION FOR FURTHER EXTENSION OF TIME TO FILE RESPONSE TO PROSECUTION BRIEF ON APPEAL
___________________________________________
The Office of the Prosecutor:
Ms. Helen Brady
Counsel for the Accused:
Mr. Michael Mansfield QC and Mr. Karim A.A. Khan for Fatmir Limaj
Mr. Gregor Guy-Smith and Mr. Richard Harvey for Haradin Bala
Mr. Michael Toploski QC and Mr. Steven Powles for Isak Musliu
I, THEODOR MERON, Judge of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of Former Yugoslavia since 1991 ("Tribunal"), and Pre-Appeal Judge in this case,
NOTING the "Defence Application for Further Extension of Time to File Response to Prosecution Brief on Appeal" ("Application for Additional Extension"), filed today, 26 April 2006, by counsel for Fatmir Limaj and Isak Musliu ("Applicants"), in which the Applicants seek an extension of time to respond to the Prosecution’s Brief on Appeal, filed on 15 March 2006;
NOTING that in the Application for Additional Extension, counsel for the Applicants explain that they seek an extension of time so that they can consult with the Applicants about the Trial Judgement, the Prosecution’s Brief on Appeal, issues of fact relevant to the Prosecution’s appeal, and the contents of the responses;
NOTING that in the Decision on Extension of Time to File Response, filed on 5 April 2006, the Pre-Appeal Judge extended the Applicants’ deadline for responding to the Prosecution’s Brief on Appeal to thirty days after the date on which the Albanian translation of the Trial Judgement was filed so that the Applicants could read the Albanian translation of the Trial Judgement, and so that counsel for the Applicants would be able to consult with the Applicants about issues of fact relevant to the Prosecution’s Appeal;
NOTING that the Albanian translation of the Trial Judgement was filed on 30 March 2006;1
CONSIDERING that the Applicants have therefore already been granted an extension of time for the purpose of conducting attorney-client consultation;
CONSIDERING that counsel for the Applicants have had ample time to provide the Applicants with the Albanian translation of the Trial Judgement and to consult with the Applicants about the contents of the Trial Judgement and the Prosecution’s Brief on Appeal;
CONSIDERING that there are still several days before the Applicants’ responses to the Prosecution’s Brief on Appeal are due, and that in this time counsel may consult with the Applicants and receive instruction from them;
FINDING that a further extension of time in which to respond to the Prosecution’s Brief on Appeal is therefore unwarranted;
DENY the Application for Additional Extension.
Done in English and French, the English text being authoritative.
Dated this 26th day of April 2006,
At The Hague,
The Netherlands.
____________________
Judge Theodor Meron
Pre-Appeal Judge
[Seal of the Tribunal]
1. Prosecutor v. Limaj et al., Case No. IT-03-66-T, Aktgjykim, 30 March 2006.