Case No. IT-04-82-PT
IN TRIAL CHAMBER II
Before:
Judge Albin Eser, Pre-Trial Judge
Registrar:
Mr. Hans Holthuis
Order of:
13 April 2006
PROSECUTOR
v.
Ljube BOSKOSKI
Johan TARCULOVSKI
_____________________________________________
DECISION ON MOTIONS FOR EXTENTION OF TIME AND SCHEDULING ORDER
_____________________________________________
The Office of the Prosecutor:
Mr. Dan Saxon
Mr. Anees Ahmed
Counsel for the Accused:
Mr.
Dragan Godzo and Ms. Edina Residovic for Ljube
Boskoski
Mr. Antonio Apostolski for Johan
Tarculovski
I, Albin Eser, Judge of TRIAL CHAMBER II ("Trial 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 ("Tribunal"):
NOTING "Prosecution’s Motion for Leave to Amend its Original Rule 65ter Witness List dated 7 November 2005 With Annexes A and B", filed confidentially by the Prosecution on 3 April 2006 ("Witness List Motion");
NOTING that five expert reports were filed by the Prosecution on 31 March 2006 as part of the "Prosecution’s Notice of Compliance With the Pre-trial Judge’s Third Scheduling Order Setting Time for Submissions Dated 15 December 2005 and Submission of First Amended Witness List, First Amended Exhibit List and Expert Reports with Annexes A to G" ("Expert Reports");
NOTING the "Prosecution’s Third Motion for Admission of Written Statements in Lieu of Viva Voce Testimony Pursuant to Rule 92bis and Attached Annexes A, B and C" filed confidentially on 31 March 2006; ("Third 92bis Motion");
BEING SEISED OF "Defence Motion for Extension of Time" filed 7 April 2006 by Defence Counsel for Ljube Boskoski, whereby an extension to file a response to the Third 92bis Motion was requested until 21 April 2006 and "Defence Motion for Extension of Time" filed by Defence Counsel for Johan Tarculovski on 10 April 2006, whereby an extension to was requested until 24 April 2006 to respond to the Third 92bis Motion (together "Motions for Extension to Respond to Third 92bis Motion");
BEING SEISED OF "Defence Motion Pursuant to Rule 94bis Disclosure of Expert Reports" filed on 6 April 2006 by Defence Counsel for Ljube Boskoski, whereby the Defence requests an extension to file its response to the Expert Reports ("Motion for Extension to Respond to Expert Reports");
NOTING the "Prosecution’s Response to the Defence Motion Pursuant to Rule 94bis Disclosure of Expert Reports Filed by Counsel for Accused Boskoski", filed on 10 April 2006;
NOTING that the Trial Chamber’s Scheduling Order of 15 December 2005 ordered both Parties to report on the progress made in relation to the First and Second Proposal on agreed fact, contained in Annex E and F of the Prosecution’s Pre-Trial Brief by 5 May 2006 ("Agreed Facts Proposals");
NOTING the oral decisions on Motions for Extension to Respond to Third 92bis Motion and Motion for Extension to Respond to Expert Reports taken during the Status Conference of 11 April 2006;1
CONSIDERING that at the Rule 65ter meeting and the Status Conference, the parties discussed the extension of time, issues relating to agreed facts as well as issues relating to exhibits;
HEREBY
PURSUANT TO Rule 54, 65ter (E) and (F), Rule 92 bis, Rule 94 bis and 127 of the Rules;
GRANT the Motions for Extension to Respond to Third 92bis Motion and the Motion for Extension to Respond to Expert Reports, and;
ORDER
Done in English and French, the English version being authoritative.
Dated this 13th day of April 2006,
At The Hague
The Netherlands
________________________
Judge Albin Eser
Pre-Trial Judge
[Seal of the Tribunal]