Case No.: IT-95-12-AR65.1

IN THE APPEALS CHAMBER

Before:
Judge Theodor Meron, Presiding
Judge Fausto Pocar
Judge Mehmet Güney
Judge Andrésia Vaz
Judge Wolfgang Schomburg

Registrar:
Mr. Hans Holthuis

Order of:
16 September 2005

THE PROSECUTOR

v.

Ivica RAJIC aka Viktor ANDRIC

________________________________________________________________________________

DECISION ON APPEAL OF TRIAL CHAMBER DECISION ON PROVISIONAL RELEASE

________________________________________________________________________________

Office of the Prosecutor

Mr. Kenneth Scott

Counsel for the Accused:

Ms. Doris Kosta

      1. 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 ("Appeals Chamber" and "Tribunal", respectively), is seised of an interlocutory appeal in the case of Prosecutor v. Ivica Rajic.

      2. The Defence filed a confidential application for leave to appeal1 the decision of Trial Chamber I, issued on 8 July 2005, denying the accused Ivica Rajic’s (“Applicant") motion for provisional release.2 The Applicant sought leave to appeal the Impugned Decision pursuant to Rule 65(D) of the Rules of Procedure and Evidence of the Tribunal ("Rules").

      3. Pursuant to a recent amendment to the Rules3, an application for leave to appeal any decision rendered under Rule 65 of the Rules is no longer required, and a bench of five judges was assigned to hear the appeal.4 In the Order Assigning Judges, the parties were instructed that the timing for parties to brief the appeal ran from the filing of that order.5 Thus, the Defence appeal was to be filed "within seven days"6 of the Order Assigning Judges. The time for filing has now elapsed and no appeal has been filed; therefore, the Appeals Chamber considers that the Applicant no longer pursues his appeal.

      4. For the foregoing reasons, the Appeals Chamber dismisses the appeal.

 

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

Done this 16th day of September 2005,
At The Hague,
The Netherlands.

________________________
Judge Theodor Meron
President

[Seal of the Tribunal]

1. Application for Leave to Appeal the Trial Chamber Decision of 8 July 2005, 21 July 2005.
2. Confidential Order on Motion for Provisional Release, 8 July 2005; Confidential Corrigendum to Decision on Motion for Provisional Release, 15 July 2005 (collectively, "Impugned Decision").
3. See Rules, IT/32/Rev.36, 8 August 2005.
4. Order Assigning Judges to a Case Before the Appeals Chamber, 15 August 2005, p. 2 ("Order Assigning Judges") (considering that the amended Rule 65 "no longer require[s an] application for leave to appeal . . . but grant[s] leave as a right to a bench of five Judges of the Appeals Chamber").
5. Order Assigning Judges, p. 2.
6. Rule 65(D) of the Rules.