Case No.: IT-04-74-PT
BEFORE THE PRE-TRIAL JUDGE
Judge Alphons Orie, Pre-trial Judge
Mr. Hans Holthuis
8th October 2004
DECISION ON STOJICíS REQUEST FOR AN EXTENSION OF PAGE LIMITS
The Office of the Prosecutor:
Mr. Kenneth Scott
Counsel for the Accused:
Mr. Zeljko Olujic for the accused Mr. Bruno Stojic
I, Judge Alphons Orie, Pre-Trial Judge of Trial Chamber I("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 SEIZED OF Bruno Stojicís request, filed on 4th October 2004, for authorization to exceed the page limit of 10 pages, in which he seeks permission to file a "motion objecting the Indictment pursuant to the Rules of Procedure and Evidence" of 30 pages on the grounds that the indictment is huge and contains several hundred unspecified charges and that it is "full of inaccuracies, factual and of other kinds". Although it is not self explanatory how all these issues would legally fit into any of the preliminary motions mentioned in Rule 72(A), I understand that the motion the Defence intends to file will allege defects in the form of the Indictment under Rule 72(A)(ii);
CONSIDERING that the Defence Counsel, referring to the motion he intends to file as a "written response to the Indictment", submits that "a lot of money and time would be saved should Mr. Bruno Stojic be allowed to exceed the limitÖ"
CONSIDERING that there is no obvious connection or logical relation between the size of an indictment and the number of possible inaccuracies, on the one hand, and the page limit for a preliminary motion challenging the form of that indictment on the other;
CONSIDERING that the Defence has therefore in its request not provided an explanation of the exceptional circumstances that necessitate the requested oversize filing;
NOTING that, contrary to what the Defence Counsel submits, time and money is likely to be saved if Counsel adheres to the Tribunalís Practice Direction on the Length of Briefs and Motions;
PURSUANT to Rule 54 of the Rules of Procedure and Evidence and par. 5 and 7 of the Practice Direction on the Length of Briefs and Motions;
REJECT the Motion.
Done in French and English, the English version being authoritative.
Dated this eighth Day of October 2004.
At The Hague,
Judge Alphons Orie Pre-Trial Judge
[Seal of the Tribunal]