Case No. IT-03-72-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Florence Ndepele Mwachande Mumba

Registrar:
Mr. Hans Holthuis

Decision of:
28 July 2004

PROSECUTOR

v.

MILAN BABIC

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DECISION ON MOTION TO EXTEND TIME FOR FILING OF NOTICE OF APPEAL

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The Office of the Prosecutor:

Mr. Norman Farrell

Counsel for the Appellant:

Mr. Peter Michael Mueller and Mr. Robert Fogelnest

 

I, FLORENCE NDEPELE MWACHANDE MUMBA, a Judge of 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 ("International Tribunal");

NOTING the Judgement rendered by the Trial Chamber on 29 June 2004 ("Trial Judgement");

NOTING the "Order Designating a Pre-Appeal Judge", issued 27 July 2004;

BEING SIEZED OF "Motion Pursuant to Rule 127 for Continuance of Time to File Notice of Appeal," filed on 16 July 2004 by Counsel for Milan Babic ("Motion"), in which, the Appellant seeks an extension of time to file a notice of appeal of thirty days from the completion of the translation of the Trial Judgement into a language which the Appellant understands;

NOTING that the Prosecution has indicated that, in principle, it does not object;

CONSIDERING that, under Rule 108 of the Rules of Procedure and Evidence ("Rules"), a party seeking to appeal a judgement shall, "[not] more than thirty days from the date on which the judgement was pronounced, file a notice of appeal, setting forth the grounds", which in the present case is on 28 July 2004;

CONSIDERING that, pursuant to Rule 127(A)(i) and (B) of the Rules, the time-limit for the filing of a notice of appeal may be extended on good cause being shown;

CONSIDERING that the Statute and the Rules do not make any distinction between an appeal against a sentencing judgement based on a guilty plea and an appeal from a trial judgement not based on a guilty plea;

CONSIDERING that it is in the interests of justice to allow the Appellant adequate time to read the sentencing judgement in a language he understands and consult with Counsel before filing his notice of appeal pursuant to Rule 108 of the Rules and that this constitutes "good cause" within the meaning of Rule 127 of the Rules;

CONSIDERING HOWEVER that in a judgement following a guilty plea, there should not be extensive issues to be presented on appeal and the requested extension of time of thirty days appears too long in light of the case and the fact that Counsel work in English and therefore, can commence preparations of the notice of appeal and consult with the Appellant before that time;

FOR THE FOREGOING REASONS,

HEREBY GRANT the Motion in part; and

ORDER the Appellant to file a notice of appeal not later than 17 days after the filing of the BCS translation of the Trial Judgement.

 

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

Done this 28th day of July 2004,
At The Hague,
The Netherlands

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Judge Florence Ndepele Mwachande Mumba
Pre-Appeal Judge

[Seal of the Tribunal]