Case No. IT-03-68-T


Judge Carmel Agius, Presiding
Judge Hans Henrik Brydensholt
Judge Albin Eser

Mr. Hans Holthuis

Decision of:
05 January 2005







The Office of the Prosecutor:

Mr. Jan Wubben

Counsel for the Accused:

Ms. Vasvija Vidović
Mr. John Jones


TRIAL CHAMBER II ("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 SEISED OF the "Motion, made pursuant to Rule 127, for an extension of time in which to file a response to the Defence motion regarding authenticity of documents and non-compliance with Rule 68" filed confidentially by the Office of the Prosecutor ("Prosecution") on 17 December 2004 ("Motion for extension of time") in which the Prosecution requests an extension of time of fifteen days to file its response to the "Motion Regarding Authenticity of Documents and Non-Compliance with Rule 68" dated 17 December 2004 and filed confidentially by the Defence on 20 December 2004 ("Defence Motion") in which the Defence raises a number of concerns pertaining to the authenticity of documents to be used by the Prosecution during the proceedings and to the non-compliance by the Prosecution of its Rule 68 obligations;

NOTING that, in its Motion for extension of time, the Prosecution submits that the issues raised in the Defence Motion are complex and would require extensive research and analysis on the part of the Prosecution, which it would not be in a position to conduct during the winter recess;

NOTING that the Defence has not filed any objections to the Motion for extension of time;

CONSIDERING that the Prosecution was provided with a courtesy copy of the Defence Motion a few hours prior to the winter recess of the Tribunal and that it was only filed on 20 December 2004, once the winter recess had begun;

RECALLING that the Trial Chamber may, pursuant to Rule 127 (A) (i) of the Rules of Procedure and Evidence of the Tribunal ("Rules"), enlarge or reduce any time prescribed by or under the Rules provided good cause is shown by the party requesting the variation of time-limit;

CONSIDERING that, in light of the timing of the filing and the complexity of the issues set out in the Defence Motion, such good cause has been shown by the Prosecution;


PURSUANT TO Rule 127 (A) (i) of the Rules;

HEREBY GRANTS the Prosecution Motion for extension of time; and

ORDERS THAT the Prosecution shall file its response to the Defence Motion, if any, no later than Friday 14 January 2005.


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

Dated this fifth day of January 2005,
At The Hague,
The Netherlands.

Carmel Agius
Presiding Judge

[Seal of the Tribunal]