Cases: IT-03-66-AR65

BEFORE A BENCH OF THE APPEALS CHAMBER

Before:
Judge Wolfgang Schomburg, Presiding
Judge Mehmet Güney
Judge Inés Mónica Weinberg de Roca

Registrar:
Mr. Hans Holthuis

Order of:
30 September 2003

THE PROSECUTOR

v.

FATMIR LIMAJ
HARADIN BALA
ISAK MUSLIU

________________________________________________

ORDER ON PROSECUTIONíS REQUEST FOR LEAVE TO RESPOND JOINTLY TO THE APPLICATIONS FOR LEAVE TO APPEAL

________________________________________________

Counsel for the Prosecutor:

Mr. Andrew Cayley
Mr. Alex Whiting

Counsel for the Defence:

Mr. Karim A. A. Khan for Fatmir Limaj
Mr. Tome Gashi and Mr. Peter Murphy for Haradin Bala
Mr. Steven Powles for Isak Musliu

 

THIS BENCH of 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 ("International Tribunal"),

NOTING the "Order Assigning Judges to a Case before the Appeals Chamber" issued on 29 September 2003;

BEING SEISED of the "Application for Leave to Appeal Against the Decision on Provisional Release of Fatmir Limaj, Rendered by Trial Chamber I on 12 September 2003" filed on 22 September 2003, the "Application of Haradin Bala for Leave to Appeal Against Decision on Provisional Release" filed on 23 September 2003 and the "Application of Isak Musliu for Leave to Appeal Against ĎDecision on Provisional Releaseí" filed on 24 September 2003 ("Applications for Leave to Appeal");

NOTING the "Prosecutionís Motion for Leave to Respond Jointly to the Accusedís Applications for Leave to Appeal the Trial Chamberís Provisional Release Decisions" filed on 26 September 2003 ("Motion");

CONSIDERING that, in the Motion, the Prosecution seeks leave to respond jointly to the Applications for Leave to Appeal within ten days from the filing of the last of these applications as "there is very substantial overlap among the grounds asserted in the three Applications, and consequently it would be more economical to respond to the Applications jointly", and submits that it "has contacted each of the Defence counsel for each of the three accused and that each has indicated he does not oppose this request";

CONSIDERING the need to ensure a smooth and efficient handling of the proceedings, and the fact that counsel for the accused do not oppose the Motion;

CONSIDERING that under Article (III)(4) of the Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings before the International Tribunal (IT/155 Rev. 1) a response should be filed within ten days of the filing of the application for leave to appeal;

CONSIDERING however, that, in these circumstances, there is good cause under Rule 127 of the Rules for granting a limited extension of time so that the Prosecution can file a joint response to the three Applications for Leave to Appeal within ten days from the filing of the last of these applications;

HEREBY GRANTS the Motion and ORDERS the Prosecution to file a joint response to the Applications for Leave to Appeal by Monday 6 October 2003.

 

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

Dated this 30th day of September 2003,
At The Hague,
The Netherlands.

_________________
Judge Wolfgang Schomburg
Presiding

[Seal of the Tribunal]