Case No.: IT-98-34-AR73.2
BEFORE A BENCH OF THE APPEALS CHAMBER
Judge Lal Chand Vohrah, Presiding
Judge Mohamed Shahabuddeen
Judge Rafael Nieto-Navia
Mr. Hans Holthuis
11 May 2001
MLADEN NALETILIC, aka "TUTA"
VINKO MARTINOVIC, aka "STELA"
DECISION ON DEFENCE’S MOTION TO THE BENCH OF THREE JUDGES OF THE APPEALS CHAMBER FOR APPLICATION OF RULE 126 OF THE RULES OF PROCEDURE AND EVIDENCE
Counsel for the Prosecutor:
Mr. Kenneth Scott
Counsel for the Accused:
Mr. Kresimir Krsnik, for Mladen Naletelic
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 ("the Bench" and "the International Tribunal" respectively);
BEING SEIZED OF the "Defence’s Motion to the Bench of Three Judges of the Appeals Chamber for Application of Rule 126 of the Rules of Procedure and Evidence" filed on 8 February 2001 ("the Defence Motion");
NOTING the "Decision on Application by the Accused Mladen Naletilic for Leave to Appeal and Notice of Joinder in that Application by the Accused Vinko Martinovic against the Decision of Trial Chamber I Dated 27 November 2000" issued by the Bench on 2 February 2001 ("the Impugned Decision");
NOTING that the Defence Motion is requesting the Bench "to consider the timeliness of the Application for Leave to Appeal", in the light of Rule 126 of the Rules of Procedure and Evidence ("the Rules");
NOTING that Rule 126 of the Rules provides as follows:
Where the time prescribed by or under these Rules for the doing of any act is to run as from the occurrence of an event, that time shall begin to run as from the date on which notice of the occurrence of the event would have been received in the normal course of transmission by counsel for the accused or the Prosecutor as the case may be;
NOTING, however, that Rule 73 (C) of the Rules provides that "[a]pplications for leave to appeal shall be filed within seven days of the filing of the impugned decision";
NOTING that the reference in Rule 73(C) of the Rules is specific as to the event from which time is to run;
CONSIDERING that the Impugned Decision was correct in its calculation of time under Rule 73(C) of the Rules;
CONSIDERING, therefore, that no basis has been shown for reconsidering the Impugned Decision;
HEREBY DISMISSES the Defence Motion.
Done in both English and French, the English text being authoritative.
Judge Lal Chand Vohrah
Done this eleventh day of May 2001,
At The Hague,
[Seal of the Tribunal]