Case No.: IT-03-69-PT

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Order of:
4 August 2005

PROSECUTOR

v.

JOVICA STANISIC
FRANKO SIMATOVIC

_________________________________________________

ORDER ON DEFENCE REQUEST FOR AN EXTENSION OF TIME FOR THE SERVICE OF THE RESPONSE TO THE PROSECUTION PROPOSAL OF AGREED FACTS

__________________________________________________

The Office of the Prosecutor

Ms. Hildegard Uertz-Retzlaff
Mr. Alex Whiting
Mr. David Re
Mr. Marek Michon

Counsel for Jovica Stanisic

Mr. Geert-Jan Alexander Knoops
Mr. Wayne Jordash

Counsel for Franko Simatovic

Mr. Zoran Jovanovic

 

I, O-GON KWON, 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"),

HAVING BEEN APPOINTED as the pre-trial Judge in this case by virtue of the Order of Trial Chamber III dated 2 June 2003,

BEING SEISED of a partly confidential "Defence Request for an Extension of Time for the Service of the Response to the Prosecution Proposal of Agreed Facts" filed on 22 July 2005 ("Application") by the Defence of Jovica Stanisic requesting an extension of one month to respond to the Prosecutionís proposal on agreed facts ("Proposal on Agreed Facts"),

NOTING that, pursuant to Rule 65 ter of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), I ordered the Prosecution to provide the Proposal on Agreed Facts to the Defence by 17 June 2005 and the Defence to respond to the Prosecution within four weeks of receipt of the Proposal on Agreed Facts and, if necessary, to request leave for an extension of time,1

NOTING that, since the Prosecution provided the Proposal on Agreed Facts to the Defence on 20 June 2005, the deadline for the Defence to respond to the Proposal on Agreed Facts was 18 July 2005,

NOTING that the Defence of Franko Simatovic responded to the Prosecution on 25 July 2005,2

NOTING that the Defence of Jovica Stanisic submits that, inter alia, the accused Jovica Stanisic was unable to participate in the formulation of the response to the Proposal on Agreed Facts due to his illness,3

CONSIDERING that the pre-trial Judge shall coordinate communication between the parties during the pre-trial phrase and ensure that the proceedings are not unduly delayed and shall take any measure necessary to prepare the case for a fair and expeditious trial,4

PURSUANT TO Rules 54 and 65 ter of the Rules,

HEREBY GRANT the Application in part and ORDER as follows:

  1. Prosecution shall file, confidentially if necessary, the Proposal on Agreed Facts no later than Monday, 8 August 2005;

  2. the Defence of Jovica Stanisic shall provide its response on the Proposal on Agreed Facts to the Prosecution no later than Friday, 12 August 2005; and

  3. the parties shall continue to hold discussions on agreed facts.

 

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

__________________
O-Gon Kwon
Pre-trial Judge

Dated this fourth day of August 2005
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Status Conference, 3 June 2005, T. 501.
2. On 26 July 2005, the Defence of Franko Simatovic forwarded an email of 25 July 2005, which it had sent to the Prosecution as its response to the Proposal on Agreed Facts, to the Senior Legal Officer of Trial Chamber III.
3. Application, para. 7. See confidential Annex A of the Application.
4. Rule 65 ter (B) of the Rules.