Case No.: IT-98-34-T
BEFORE TRIAL CHAMBER I SECTION A
Judge Liu Daqun, Presiding
Judge Maureen Harding Clark
Judge Fatoumata Diarra
Mr. Hans Holthuis
26 September 2002
MLADEN NALETILIC aka "TUTA"
VINKO MARTINOVIC aka "STELA"
DECISION ON THE PROSECUTION REQUEST TO VARY LENGTH OF FINAL TRIAL BRIEF
The Office of the Prosecutor:
Mr. Kenneth Scott
Counsel for the Accused:
Mr. Kresimir Krsnik, for Mladen Naletilic
Mr. Branko Seric, for Vinko Martinovic
TRIAL CHAMBER I, SECTION A ("the 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 Tribunal");
BEING SEISED OF the "Prosecution Request to Vary Page Limit of Final Trial Brief" filed on 19 September 2002 ("the Motion"), whereby the Prosecution seeks to vary the length of the final trial brief to 400 pages or 120,000 words;
NOTING "The Accused Naletilicís Objection to Vary Length of Prosecution Final Trial Brief", filed on 23 September 2002, objecting to the Motion;
NOTING the Practice Direction on Length of Briefs and Motions 1("Practice Direction") stipulates in paragraph (C) (4) that the final trial briefs will not exceed 200 pages or 60,000 words, whichever is greater;
NOTING HOWEVER that in case of appeals on merits, the Practice Direction has been amended, giving the Prosecution additional pages for multiple accused2;
CONSIDERING that the Chamber deems it appropriate that this principle should also apply, in similar circumstances, to final trial briefs;
PURSUANT to Rule 54 of the Rules of Procedure and Evidence of the Tribunal,
HEREBY PARTLY DENIES THE MOTION AND ORDERS that the Prosecution may file a final trial brief of 300 pages or 90,000 words, whichever is greater.
Done in both English and French, the English version being authoritative.
Dated this twenty-sixth day of September 2002,
At The Hague,
Judge Liu Daqun
[Seal of the Tribunal]