BEFORE THE APPEALS CHAMBER

Before:
Judge Patricia Wald, Presiding
Judge Lal Chand Vohrah
Judge Rafael Nieto-Navia
Judge Fausto Pocar
Judge Liu Daqun

Registrar:
Mr. Hans Holthuis

Order of:
16 March 2001

PROSECUTOR

v.

ZORAN KUPREŠKIC
MIRJAN KUPREŠKIC
VLATKO KUPREŠKIC
DRAGO JOSIPOVIC
VLADIMIR SANTIC

_______________________________________________________

ORDER ON APPLICATION FOR EXTENSION OF TIME

_______________________________________________________

Counsel for the Prosecutor:

Mr. Upawansa Yapa

Counsel for the Defence:

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

 

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");

BEING SEISED OF the "Motion of the Counsels of Zoran and Mirjan Kupreškic Considering the Request for the Extension of the Time-Limit", filed on 9 March 2001 ("the Motion for Extension of Time");

NOTING the "Decision on the Motions of Appellants Vlatko Kupreškic, Drago Josipovic, Zoran Kupreškic and Mirjan Kupreškic to Admit Additional Evidence" issued confidentially by the Appeals Chamber on 26 February 2001 ("the Decision of 26 February 2001") which ordered, inter alia, that a video-recording of an oath-taking ceremony be provisionally admitted into evidence, subject to Zoran and Mirjan Kupreškic providing further information identifying which portions of the video recording purport to show Zoran Kupreškic within 14 days of the Decision of 26 February 2001 (“the further information”), and that oral argument on the admissibility of other items of proposed additional evidence be heard at an oral hearing ("the oral hearing");

NOTING that the Motion for Extension of Time requests an extension of time for counsel to file the further information for the reasons that counsel for Zoran and Mirjan Kupreškic lack the means to extract a photographic image from the video-recording and that special equipment located in Zagreb or with the technical department of the International Tribunal is required to carry out this operation;

NOTING that the Motion for Extension of Time requests that the time-limit be extended "in order to do the required task in Zagreb, within 15 days" or until the date of the oral hearing;

CONSIDERING that the time-limit for the provision of the further information expired on 12 March 2001 but that the Motion for Extension of Time was filed prior to the expiry of the time-limit;

NOTING that Rule 127 of the Rules of Procedure and Evidence ("the Rules") provides that, inter alia, the Appeals Chamber may exercise the power to enlarge or reduce any time prescribed by or under the Rules on good cause being shown by motion;

NOTING the "Prosecution’s Response to the Defence Motion Requesting an Extension of the Time-limit" filed on 13 March 2001 in which the Prosecution does not object in principle to the granting of an extension of time;

NOTING the "Scheduling Order" issued by the pre-appeal Judge, Judge Patricia Wald, on 14 March 2001 which ordered that the oral hearing shall take place at 10 am on Friday 30 March 2001;

CONSIDERING that for the reasons given in support of the Motion for Extension of Time good cause has been shown;

CONSIDERING FURTHER that Zoran and Mirjan Kupreškic should be permitted more time to file the further information;

HEREBY GRANTS the Motion for Extension of Time and ORDERS that Zoran and Mirjan Kupreškic file the further information on or before 4 April 2001.

 

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

_________________________________
Patricia Wald
Presiding Judge

Done this 16th day of March 2001,
At The Hague,
The Netherlands.

[Seal of the Tribunal]