Case No. IT-95-11-PT
IT-03-69-PT
IT-03-67-PT

IN TRIAL CHAMBER III

Before:
Judge Patrick Robinson, Presiding
Judge Carmel Agius
Judge Daqun
Liu

Registrar:
Mr. Hans Holthuis

Order of:
22 August 2005

THE PROSECUTOR v. MILAN MARTIC

THE PROSECUTOR v. JOVICA STANISIC AND FRANKO SIMATOVIC

THE PROSECUTOR v. VOJISLAV SESELJ

________________________________________________

DECISION ON MOTION FOR EXTENSION OF TIME

(Submission No. 100)

________________________________________________

The Office of the Prosecutor:

Ms. Carla Del Ponte
Ms. Hildegard Uertz-Retzlaff
Mr. David Re

Counsel for the Accused:

Mr. Predrag Milovančevic and Mr. Vuk Sekulic, Counsel for the Accused Milan Martic
Mr. Geert-Jan Alexander Knoops and Mr. Wayne Jordash, Counsel for the Accused Jovica Stanisic
Mr. Zoran Jovanovic, Counsel for the Accused Franko Simatovic

The Accused:

Mr. Vojislav Seselj

Standby Counsel:

Mr. Tjarda Eduard van der Spoel, Standby Counsel in the Case Against the Accused Vojislav Seselj

 

TRIAL CHAMBER III ("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");

BEING SEIZED OF "Submission No 100" filed on 3 August 2005 by Vojislav Seselj, whereby he requests an extension of "the deadline for submission of a response for 14 days after the end on the ban on telephone communication";

NOTING that on 4 July 2005 and 7 July 2005 the President of the Tribunal issued orders regarding the special composition of Trial Chamber III for the purpose of determining the Prosecution Motions for Joinder of the cases of the Prosecutor v. Milan Martic, the Prosecutor v. Jovica Stanisic and Franko Simatovic and the Prosecutor v. Vojislav Seselj;1

NOTING that on 30 May 2005 and 1 June 2005 the Prosecution filed a motion for the joinder of these three cases ("Motion for Joinder"). The Motion was filed with respect to the cases of the Prosecutor v. Milan Martic and the Prosecutor v. Jovica Stanisic and Franko Simatovic;2

NOTING that in the case of the Prosecutor v. Vojislav Seselj motions submitted to the Registry have not been considered to be officially filed unless accompanied by an official translation into either English or BCS, as appropriate;

NOTING that on 19 July 2005 the Prosecution Motion for Joinder, accompanied by an official translation of the Motion for Joinder into the BCS language, was filed with respect to the case of the Prosecutor v. Vojislav Seselj;3

NOTING that on 13 June 2005 the Defence Counsel of the Accused Milan Martic filed a response to the Prosecution Motion for Joinder;4

NOTING that on 29 June 2005 the Defence Counsel of the Accused Jovica Stanisic and the Defence Counsel of the Accused Franko Simatovic filed responses to the Prosecution Motion for Joinder;5

NOTING "Scheduling Order" filed 20 July 2005 instructing Vojislav Seselj to file a response to the Prosecution Motion for Joinder within fourteen days of 19 July 2005;

CONSIDERING that the issue of communication restriction is primarily a matter for the Registry;

CONSIDERING HOWEVER, that the response of Accused Milan Martic and the responses of Accused Jovica Stanisic and Franko Simatovic will not be translated into BCS and transmitted to the Accused Vojislav Seselj until the end of August and that in those special circumstances an extension of time is warranted;

PURSUANT TO Rule 127 of the Rules of Procedure and Evidence of the Tribunal:

GRANTS the Motion, in part, and ORDERS Vojislav Seselj to file his response, if any, by Monday, 5 September 2005;

 

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

Dated this twenty-second day of August 2005,
At The Hague,
The Netherlands

_________________________
Patrick Robinson
Presiding Judge

[Seal of the Tribunal]


1. Prosecutor v. Milan Martic, Case No. IT-95-11-PT, "Order Reassigning a Case to a Trial Chamber and Referring the Joinder Motion", 4 July 2005, Prosecutor v. Vojislav Seselj, Case No. IT-03-67-PT, "Order Reassigning a Case and Referring the Joinder Motion", 4 July 2005 and Prosecutor v. Jovica Stanisic and Franko Simatovic, Case No. IT-03-69-PT, "Order Referring the Joinder Motion", 7 July 2005.
2. Prosecutor v. Jovica Stanisic and Franko Simatovic, Case No. IT-03-69-PT, "Prosecution Motion for Joinder Partly Confidential", 1 June 2005 and Prosecutor v. Milan Martic, Case No. IT-95-11-PT, "Prosecution Motion for Joinder", 30 May 2005.
3. Prosecutor v. Vojislav Seselj, Case No. IT-03-67-PT, "Prosecution Motion for Joinder Partly Confidential", 19 July 2005.
4. Prosecutor v. Milan Martic, Case No. IT-95-11-PT, "Response to Prosecutionís Motion for Joinder", 13 June 2005.
5. Prosecutor v. Jovica Stanisic and Franko Simatovic, Case No. IT-03-69-PT, "Defence Response to the Prosecution Motion for Joinder (Dated 1st June 2005)", 29 June 2005 and Prosecutor v. Jovica Stanisic and Franko Simatovic, Case No. IT-03-69-PT, "Defence Response to Prosecution Motion for Joinder", 29 June 2005.