IN THE APPEALS CHAMBER
Before: Judge David Hunt, Pre-Appeal Judge
Registrar: Mrs Dorothee de Sampayo Garrido-Nijgh
Order of: 17 November 1999
Zejnil DELALIC, Zdravko MUCIC (aka “PAVO”), Hazim DELIC
and Esad LANDZO (aka “ZENGA”)
Office of the Prosecutor:
Mr Upawansa Yapa
Mr Christopher Staker
Mr Norman Farrell
Mr Rodney Dixon
Counsel for the Defence:
Mr John Ackerman for Zejnil Delalic
Mr Tomislav Kuzmanovic and Mr Howard Morrison for Zdravko Mucic
Mr Salih Karabdic and Mr Tom Moran for Hazim Delic
Ms Cynthia Sinatra and Mr Peter Murphy for Esad Landžo
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 “Defendant Esad Landžo’s Notice of Appeal”, filed on 1 December 1998, wherein he sets out his grounds of appeal including, inter alia, that his right to a fair and expeditious trial pursuant to Articles 20 and 21 of the Statute of the International Tribunal "were violated when verdict and sentence were rendered by a Trial Chamber whose presiding Judge was permitted to sleep through much of the proceedings" ("Fourth Ground of Appeal");
NOTING the "Order on the Second Motion to Preserve and Provide Evidence", issued on the 15 June 1999, in which the Appeals Chamber ordered, inter alia, that viewing of videotapes of proceedings produced by Camera 3 in Courtroom 1 and Camera 3 in Courtroom III during the trial of Esad Landžo (“Appellant”) be permitted subject to a number of conditions, and that the Appellant file a notice providing details of the dates and times of those passages on the videotapes upon which he will rely ("Particulars") on or before 13 September 1999;
NOTING the “Order on the Appellant Esad Landžo’s Second Motion for an Extension of time to File Brief", issued on 15 June 1999 in which the Appeals Chamber granted leave to the Appellant to file a supplementary appellant brief in relation to the Fourth Ground of Appeal ("Supplementary Brief") on or before Monday 13 September 1999
NOTING the "Order on Motion by Esad Landžo for Extension of Time to File Supplementary Brief", issued on 29 July 1999 in which the Appeals Chamber extended the time within which the Appellant was required to file the Particulars and the Supplementary Brief to 15 October 1999 and ordered that the Office of the Prosecutor ("Prosecution") file a notice indicating and justifying the amount of time it will require to (i) view the videotapes to which the Appellant has been granted access, and (ii) file a response to the Appellant’s Supplementary Brief ("Prosecution Notice") on or before 21 October 1999;
NOTING the “Order on Esad Landžo’s Emergency Motion for Guidance Regarding the Filing of Particulars”, issued on 12 October 1999, in which the obligations of the Appellant to file the Particulars and the Supplementary Brief and the obligation of the Office of the Prosecution to file the Prosecution Notice were suspended until further order;
NOTING the letter to the Deputy-Registrar from counsel for the Appellant, filed November 10 1999, in which counsel advised that the final list of these particulars will be available on 15 November, and
PURSUANT to Rules 112 and 113 of the Rules of Procedure and Evidence,
1. That the Appellant file the Particulars on or before 5 pm on Friday 19 November 1999.
2. That the Appellant file the Supplementary Brief on or before 5 pm on 6 December 1999.
3. That the Prosecution file the Prosecution Notice on or before 5 pm on 13 December 1999.
Done in English and French, the English version being authoritative.
Done this seventeenth day of November 1999
At The Hague,
[Seal of the Tribunal]