Case No. IT-02-54-T

Before:
Judge Alphons Orie, Duty Judge

Registrar:
Mr. Hans Holthuis

Decision:
22 December 2005

PROSECUTOR

v.

SLOBODAN MILOSEVIC

___________________________________________________

DECISION ON SERBIA AND MONTENEGRO’S MOTION FOR EXTENSION OF TIME

___________________________________________________

Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Geoffrey Nice

Government of Serbia and Montenegro:

H.E. Rasim Ljajic
Ms. Sandra Milinkovic

The Accused:

Mr. Slobodan Milosevic

Court Assigned Counsel:

Mr. Steven Kay, QC
Ms. Gillian Higgins

Amicus Curiae:

Prof. Timothy McCormack

 

I, ALPHONS ORIE, DUTY JUDGE 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 ("International Tribunal");

BEING SEIZED of "Serbia and Montenegro’s Motion for Extension of Time for filing its Response to ‘Prosecution’s Application for an Order Pursuant to Rule 54 bis Directing Serbia and Montenegro to Comply with Outstanding Requests for Assistance’ and ‘Prosecution Second Motion for Further Action in relation to Previous Rule 54 bis Applications,’" filed by Serbia and Montenegro on 21 December 2005 ("Motion");

NOTING the "Preliminary Order on Prosecution Application for an Order Pursuant to Rule 54 bis Directing Serbia and Montenegro to Comply with Outstanding Requests for Assistance and Prosecution Second Motion for further Action in Relation to Previous Rule 54 bis Applications," issued by Trial Chamber III on 16 December 2005 ("Trial Chamber Decision"), directing Serbia and Montenegro to file its responses to the Prosecution’s Application for an Order Pursuant to Rule 54 bis Directing Serbia and Montenegro to Comply with Outstanding Requests for Assistance, filed 9 December 2005, and the Prosecution Second Motion for Further Action in relation to Previous Rule 54 bis Applications, filed 12 December 2005, by 23 December 2005;

NOTING the "Prosecution Reply to "Serbia and Montenegro’s Motion for Extension of Time for filing its Response to ‘Prosecution’s Application for an Order Pursuant to Rule 54 bis Directing Serbia and Montenegro to Comply with Outstanding Requests for Assistance’ and ‘Prosecution Second Motion for Further Action in relation to Previous Rule 54 bis Applications’", filed 22 December 2005, in which the Prosecution opposes the motion on the grounds that the government of Serbia and Montenegro to state any reasons or explanations for its late receipt of the "Application for Further Order Pursuant to Rule 54 bis Directing Serbia and Montenegro to Comply With Outstanding Requests for Assistance" and the "Prosecution’s Second Motion For Further Action In Relation To Previous Rule 54bis Applications".

CONSIDERING that Rule 126(B) provides that if the last day of a time directed by a Chamber falls upon a day when the Registry of the Tribunal does not accept documents for filing, it shall be considered as falling on the first day thereafter when the Registry does accept documents for filing. The days of 23 and 26 December 2005 were announced to be official United Nations holidays observed by this Tribunal, whereas 24 and 25 December fall upon a Saturday and Sunday, all days being those upon which the Registry does not accept documents for filing. The Trial Chamber Decision, directing Serbia and Montenegro to respond by 23 December 2005 thus effectively granted Serbia and Montenegro under Rule 126(B) time to file its response by 27 December 2005;

FINDING the Motion therefore to be without substance.

PURSUANT to Rule 126(B)

DECLARES the Motion moot.

 

Done in both English and French, the English text being authoritative.

______________
Judge Alphons Orie
Duty Judge

Dated this twenty-second day of December 2005
At The Hague
The Netherlands

[Seal of the Tribunal]