Case No.: IT-95-10-R


Before: Judge Fausto Pocar, Pre-Review Judge

Registrar: Mr. Hans Holthuis

Order of: 21 January 2002







Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Appellant:

Mr. William Clegg


I, FAUSTO POCAR, 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 ("the International Tribunal"),

NOTING the "Order Designating a Pre-Review Judge" issued by the Appeals Chamber on 21 January 2002, which designates Judge Pocar as the Pre-Review Judge;

BEING SEIZED of the "Motion to Vary Time Limit for Filing Reply" filed by counsel for Goran Jelisic on 16 January 2002 ("the Motion for Extension of Time"), seeking an extension of time until 23 January 2002 for the filing of a Reply, pursuant to Rule 127 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules") and Article 14 of the "Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings Before the International Tribunal" ("the Practice Direction");

NOTING Rule 127(B) of the Rules, which states that "in relation to any step falling to be taken in connection with an appeal or application for leave to appeal, the Appeals Chamber or a bench of three Judges of that Chamber may exercise the like power as is conferred by paragraph (A) and in like manner and subject to the same conditions as are therein set out" and that said paragraph (A) provides that "…a Trial Chamber may, on good cause being shown by motion, (i) enlarge or reduce any time prescribed by or under these Rules; (ii) recognize as validly done any act done after the expiration of a time so prescribed on such terms, if any, as is thought just and whether or not that time has already expired";

NOTING that in the Motion for Extension of Time, the Defense submits, as the main reason for seeking an extension of time, that as a result of the Prosecution Response to the "Motion for Review of the Sentence of Goran Jelisic Set Out in the Judgements of the Trial Chamber (IT-95-10-A (sic)) and of the Appeals Chamber (IT-95-10-A)," it has become "necessary to obtain the transcript of the oral hearing in the Applicant’s case," and that a written request has had to be made to obtain the transcript because part of the hearing to which it pertains was held in closed session;

CONSIDERING that the need to procure a non-public transcript referred to in the Prosecution Response but presently not available to the Defense constitutes good cause within the meaning of Rule 127;

FINDING therefore that in this case, good cause has been shown for the granting of an extension of time;

HEREBY GRANTS the Motion for Extension of Time, and ORDERS that the Reply be filed by 23 January 2002.


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

Fausto Pocar
Pre-Review Judge

Dated this 21st day of January 2002
At The Hague,
The Netherlands.

[Seal of the Tribunal]