IN THE APPEALS CHAMBER

Before: Judge Mohamed Bennouna, Pre-Appeal Judge

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 13 December 2000

PROSECUTOR

v.

ZORAN KUPRESKIC
MIRJAN KUPRESKIC
VLATKO KUPRESKIC
DRAGO JOSIPOVIC
VLADIMIR SANTIC

_______________________________________________________

ORDER ON MOTIONS FOR EXTENSION OF TIME

_______________________________________________________

Counsel for the Prosecutor:

Mr. Upawansa Yapa

Counsel for the Defence:

Mr. Ranko Radovic, Mr. Tomislav Pasaric for Zoran Kupreskic
Ms. Jadranka Slokovic-Glumac, Ms. Desanka Vranjican for Mirjan Kupreskic
Mr. Anthony Abell, Mr. John Livingston for Vlatko Kupreskic
Mr. Luko Susak, Ms. Goranka Herljevic for Drago Josipovic
Mr. Petar Pavkovic, Mr. Mirko Vrdoljak for Vladimir Santic

 

I, MOHAMED BENNOUNA, 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 ("the International Tribunal"),

HAVING BEEN APPOINTED as pre-appeal Judge in this matter by virtue of an order of the Appeals Chamber dated 16 May 2000;

BEING SEISED OF the "Motion for Extension of Time to File a Reply to the Prosecution’s Response to Motion to Admit Additional Evidence Pursuant to Rule 115 by Vlatko Kupreskic", filed on 4 December 2000 ("Vlatko Kupreskic’s Motion"), which moves for an extension of time until 18 December 2000 to file a reply;

BEING SEISED OF the "The Join of the Counsel [sic] of Zoran and Mirjan Kupreskic and Drago Josipovic to Motion for Extension of Time to Reply to the Prosecution Response to Motion to Admit Additional Evidence According to the Rule 115 of the Procedure and Evidence", filed by the Defence for Zoran Kupreskic, Mirjan Kupreskic and Drago Josipovic on 7 December 2000 ("the Motion of Zoran Kupreskic, Mirjan Kupreskic and Drago Josipovic"), which seeks to join Vlatko Kupreskic’s Motion;

NOTING the "Prosecution’s Response to Motions by Vlatko Kupreskic, Zoran Kupreskic, Mirjan Kupreskic, and Drago Josipovic for an Extension of Time to File a Reply in Relation to Motions to Admit Additional Evidence Pursuant to Rule 115", filed on 7 December 2000, in which it states, inter alia, that if the Appeals Chamber deems it appropriate to receive replies from the moving parties, the Prosecution does not object to the granting of a limited extension of time; but it does object to the length of time requested for the extension;

NOTING the various motions of the appellants Vlatko Kupreskic, Zoran Kupreskic, Mirjan Kupreskic, and Drago Josipovic ("the Appellants") seeking to present before the Appeals Chamber additional evidence pursuant to Rule 115 of the Rules ("the Motions to Admit Additional Evidence");

NOTING the "Prosecution’s Consolidated Response to the Motions by Zoran Kupreskic, Mirjan Kupreskic, Vlatko Kupreskic, and Drago Josipovic to Admit Additional Evidence Pursuant to Rule 115", filed on 20 November 2000 ("the Prosecution Response to the Motions to Admit Additional Evidence");

CONSIDERING that it was open to the Appellants to file a reply to the Prosecution Response to the Motions to Admit Additional Evidence;

NOTING the Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings before the International Tribunal (IT/155) ("the Practice Direction") which directs that where a party files a response to a motion filed during an appeal against judgement, the moving party may file a reply within four days of the filing of the response;

CONSIDERING that the time-limit for the Appellants to file any reply expired on 24 November 2000 ("the time-limit") and that by filing Vlatko Kupreskic’s Motion and the Motion of Zoran Kupreskic, Mirjan Kupreskic and Drago Josipovic 10 and 13 days after the expiry of the time-limit, respectively, the Appellants have failed to act with due expedition;

CONSIDERING that Rule 127 of the Rules provides that the Appeals Chamber may on good cause being shown enlarge or reduce any time prescribed by the Rules;

CONSIDERING that in order for a moving party to show good cause for enlarging a time-limit prescribed by the Practice Direction, the motion seeking enlargement ought to be filed prior to the expiry of that time-limit;

NOTING that Vlatko Kupreskic’s Motion specifies the reasons for an extension as:

(a) due to court commitments and the length of the Prosecution Response to the Motions to Admit Additional Evidence, of which half is devoted to join Vlatko Kupreskic, several days were required to consider a reply;

(b) the necessity to supply Vlatko Kupreskic with a translation of the Prosecution Response to the Motions to Admit Additional Evidence and seek his comments thereon;

(c) the holding of a conference with Vlatko Kupreskic prior to the filing of a reply;

NOTING the reasons put forward for an extension in the Motion of Zoran Kupreskic, Mirjan Kupreskic and Drago Josipovic as being due to, inter alia, the Prosecution Response to the Motions to Admit Additional Evidence arriving at the offices for counsel for those three appellants on 27 November 2000 and those counsel being absent until 30 November 2000;

CONSIDERING that reasons (b) and (c) of Vlatko Kupreskic’s Motion do not amount to valid reasons for the failure to file a reply;

CONSIDERING that the Prosecution Response to the Motions to Admit Additional Evidence was a substantial document and that it has been shown by the Appellants that they had insufficient time for the preparation of a properly considered reply and, thus, there is good cause for enlarging the time-limit;

HEREBY GRANTS Vlatko Kupreskic’s Motion and the Motion of Zoran Kupreskic, Mirjan Kupreskic and Drago Josipovic and ORDERS that the Appellants be permitted to file a reply to the Prosecution Response to the Motions to Admit Additional Evidence on, or before, 18 December 2000;

 

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

________________________________
Judge Mohamed Bennouna
Pre-Appeal Judge

Dated this Thirteenth day of December 2000
At The Hague,
The Netherlands.

[Seal of the Tribunal]