Case: IT-97-24-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Theodor Meron, Pre-Appeal Judge

Registrar:
Mr. Hans Holthuis

Decision of:
16 April 2004

THE PROSECUTOR

v.

MILOMIR STAKIC

___________________________________________

DECISION ON PROSECUTION URGENT MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO MOTION UNDER RULE 115

___________________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Defence:

Mr. Branko D. Lukic
Mr. John R. Ostojic

 

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 ("International Tribunal"),

BEING SEISED OF the "Prosecutionís Urgent Motion for Extension of Time Limit" ("Motion"), filed on 14 April 2004, which seeks an extension of forty-five days to file the Prosecutionís response to the Motion under Rule 115 of the Rules of Procedure and Evidence filed by the Appellant Milomir Stakic (ďRule 115 MotionĒ);

NOTING the "Order Assigning Judges to a Case Before the Appeals Chamber and Appointing Pre-Appeal Judge" filed on 14 August 2003 which, inter alia, designated me to serve as Pre-Appeal Judge in this case;

CONSIDERING that, pursuant to Rule 127(A)(i) and (B), the time limit for the filing of the Prosecutionís response may be enlarged on good cause being shown by motion;

CONSIDERING that the Rule 115 Motion seeks the admission of thousands of pages of material and does not clearly link them to specific findings of fact in the Trial Chamber Judgement, contrary to Rule 115(A), or to particular grounds of appeal in the Appellantís Brief, contrary to Article 11(b) of the Practice Direction on Formal Requirements for Appeals from Judgement, No. IT/201, 7 March 2002 ("Practice Direction");

CONSIDERING that the Motion seeks only an extension of time to file a response and does not seek an order to the Appellant to refile the Rule 115 Motion under Article 17 of the Practice Direction;

FINDING that good cause has been shown for the extension of time sought by the Motion;

FOR THE FOREGOING REASONS,

HEREBY GRANT the Motion; and

ORDER that the Prosecution may file a response to the Rule 115 Motion on or before 3 June 2004.

 

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

Dated this 16th day of April 2004,
At The Hague,
The Netherlands.

____________
Judge Theodor Meron
Pre-Appeal Judge

[Seal of the International Tribunal]