Case: IT-96-21-A-bis

IN THE APPEALS CHAMBER

Before: Judge David Hunt, Pre-Appeal Judge

Registrar: Mr Hans Holthuis

Order of: 24 December 2001

PROSECUTOR

v

Zdravko MUCIC (aka "PAVO"), Hazim DELIC
and Esad LANDZO (aka "ZENGA")

______________________________________________

ORDER ON REQUEST BY PROSECUTION TO FILE CONSOLIDATED RESPONDENTíS BRIEF

______________________________________________

Counsel for the Office of the Prosecutor:

Mr. Norman Farrell

Counsel for the Defence:

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 Landzo

 

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;

NOTING the Judgment issued by the Trial Chamber on 16 November 1998, the Judgment issued by the Appeals Chamber on 20 February 2001, which remanded the case to a Trial Chamber for re-sentencing; and the Judgment of 9 October 2001 issued by Trial Chamber III;

NOTING "Hazim Delic Notice of Appeal", filed on 10 October 2001, "Esad Landzoís Notice of Appeal", filed on 15 October 2001, and "Zdravko Mucic Notice of Appeal", filed on 15 October 2001;

NOTING "Hazim Delicís First Motion for Extension of Time to File his Appellate Brief Following Remand for Re-Sentencing", filed on 3 December 2001, and the Order of the Pre-Appeal Judge, filed 14 December 2001, granting an extension of time until 15 January 2002;

NOTING "Esad Landzoís Amended Motion for Extension of Time to File his Appellate Brief Following Remand for Re-Sentencing", filed on 5 December 2001, and the Order of the Pre-Appeal Judge, filed 14 December 2001, granting an extension of time until 15 January 2002;

NOTING "Zdravko Mucicís Motion for Extension of Time to File his Appellate Brief", filed on 13 December 2001, and the Order of the Pre-Appeal Judge, filed 24 December 2001, granting an extension of time until 15 January 2002;

NOTING the "Prosecutionís Request to File Consolidated Response Brief", filed on 13 December 2001 ("Request");

CONSIDERING the reasons of expediency advanced by the Prosecution, and the fact that a Consolidated Respondentís Brief would limit some of the repetition which would ensue from responding to three partly overlapping individual Appellantís Briefs;

CONSIDERING that the request will not delay the proceedings;

CONSIDERING that the Practice Direction on the Length of Briefs and Motions provides that a Respondentís Brief on an appeal from a final judgment of a Trial Chamber will not exceed 100 pages or 30,000 words, whichever is greater;

CONSIDERING, however, that, because some issues are raised by all three appellants, the number of pages necessary for a Consolidated Respondentís Brief could be reduced to the extent that such issues need only be dealt with once;

CONSIDERING that, in the circumstances, it would be appropriate to permit the total number of pages for a Consolidated Respondentís Brief to exceed 100 pages or 30,000 words, whichever is the greater, by a further 35 pages or 10,000 words, whichever is the greater, in respect of each additional appellant;

CONSIDERING that, pursuant to Rule 112 of the Rules of Procedure and Evidence ("Rules"), a Respondentís Brief shall be filed within thirty days of the filing of an Appellantís Brief;

CONSIDERING that leave for an extension of time to file their Appellantís Briefs was granted to all three appellants, and that such briefs are due on 15 January 2002;

CONSIDERING that no valid reason could be put forward by the appellants to object to the relief sought by the Prosecution, and that, as the Tribunal is presently in recess, it is necessary for the Prosecution to be informed as soon as possible that the relief it seeks should be granted without waiting for a response to its Request;

PURSUANT TO Rule 65ter and Rule 107;

HEREBY ORDERS AS FOLLOWS:

  1. The Prosecution shall file a Consolidated Respondentís Brief to the Appellantís Briefs filed by the three Appellants Zdravko Mucic, Hazim Delic and Esad Landzo.
  2. The Consolidated Respondentís Brief shall not exceed 170 pages or 50,000 words, whichever is the greater.
  3. The Consolidated Respondentís Brief shall be filed no later than 14 February 2002.

 

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

Done this 24th day of December 2001,
At The Hague,
The Netherlands.

______________________
Judge David Hunt
Pre-Appeal Judge

[Seal of the Tribunal]