Case No.: IT-02-54-AR73.7
BEFORE THE PRE-APPEAL JUDGE
Before:
Judge Theodor Meron, President
Registrar:
Mr. Hans Holthuis
Order of:
20 September 2004
Slobodan MILOSEVIC
v.
THE PROSECUTOR
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ORDER GRANTING EXTENSION OF TIME TO FILE APPEAL
_________________________________________________
Counsel for the Prosecutor
The Accused
Mr. Slobodan Milosevic
Assigned Counsel
Mr. Steven Kay QC
Ms. Gillian Higgins
Amicus Curiae
Prof. Timothy McCormack
I, THEODOR MERON, President 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"), and Pre-Appeal Judge in this case;
NOTING that on 10 September 2004, Trial Chamber III issued an "Order on Request for Certification to Appeal the Decision of the Trial Chamber on Court Assigned Counsel," which certified for appeal the question of whether representation by counsel should be imposed on Slobodan Miloševic ("Appellant");
BEING SEIZED OF the "Request for Extension of Time to File Appeal Against the Trial Chamber’s Order Concerning the Representation of the Accused Dated 2 September 2004" filed by Appellant on 14 September 2004, in which Appellant requested an extension of the time limit to file a certified appeal under Rule 73(C)(ii);
CONSIDERING that, while Trial Chamber III has already issued an oral order finally resolving the question at issue in Appellant’s certified appeal, the Trial Chamber’s formal written decision has yet to issue;
DEEMING the lack of a reasoned written decision "good cause" for an extension of the time limit under Rule 127 of the Rules of Procedure and Evidence, since the lack of a written decision hampers counsel’s efforts to fully comprehend the reasons for the Trial Chamber’s decision;
HEREBY GRANT Appellant’s motion; and
ORDER that Appellant’s Brief is due seven (7) days from the filing of the Trial Chamber’s written decision on the assignment of counsel.
Done in English and French, the English version being authoritative.
Done this 20th day of September 2004,
At The Hague,
The Netherlands.
__________________
Judge Theodor Meron
President
[Seal of the Tribunal]