IN THE APPEALS CHAMBER OF THE INTERNATIONAL TRIBUNAL

Before:
Judge Rafael Nieto-Navia, Presiding
Judge Wang Tieya
Judge Almiro Simões Rodrigues
Judge David Hunt
Judge Mohamed Bennouna

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
26 March 1999

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC a/k/a “PAVO”
HAZIM DELIC
ESAD LANDZO a/k/a “ZENGA”

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ORDER RESERVING DECISION ON MOTION TO SEVER APPEALS

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The Office of the Prosecutor:

Mr. Yapa Upawansa
Mr. Christopher Staker
Mr. Rodney Dixon

Counsel for the Respondents and Cross-Appellants:

Mr. John Ackerman, Mr. Eugene O’Sullivan, for Zejnil Delalic
Ms. Nihada Buturovic, Mr. Howard Morrison, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Ms. Cynthia Sinatra, Mr. Peter Murphy for Esad Landzo

 

This 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 ("Appeals Chamber" and "International Tribunal"),

NOTING the Prosecution’s Notice of Appeal, filed on 26 November 1998, whereby the Prosecution seeks, inter alia, to challenge the acquittal of the defendant Zejnil Delalic (“Respondent”) returned by the Trial Chamber composed of Judge Karibi-Whyte, Presiding, Judge Odio Benito, and Judge Jan, on 16 November 1998 (“Trial Chamber”) (“Notice of Appeal”);

NOTING the Motion to Sever the Appeal of Zejnil Delalic from that of Other Celebici Defendants, filed by the Respondent on 10 February 1999 (“Motion”);

NOTING the Order of the Appeals Chamber, filed on 12 February 1999, ordering the Prosecution and the co-respondents to respond to the Motion by 26 February 1999;

NOTING the Prosecution’s Response to Motion to Sever the Appeal of Zejnil Delalic from that of Other Celebici Defendants, filed on 26 February 1999 (“Response”);

NOTING Zejnil Delalic’s Additional Submissions on his Motion to Sever the Appeal of Zejnil Delalic from that of Other Celebici Defendants, filed on 12 March 1999;

NOTING that no response to the Motion has been forthcoming from the co-respondents of Zejnil Delalic;

CONSIDERING that the appellate proceedings as prescribed in the Statute and the Rules of Procedure and Evidence of the International Tribunal ("Statute" and "Rules") are designed to primarily deal with alleged errors of fact or law arising from a judgement following a trial;

CONSIDERING, however, that the Prosecution and the Respondent ("parties") have yet to define the grounds of appeal or cross-appeal, and that thus the Appeals Chamber is not in a position to decide on the request for severance as raised in the Motion;

CONSIDERING that the Motion requests that the appeal involving the Respondent ("Appeal") follow the time frame in respect of appellate proceedings as laid down in the Rules;

HEREBY ORDERS, unanimously, to reserve decision on the Motion until the Appeals Chamber has received the appellate briefs submitted by the parties defining the grounds of appeal or cross-appeal.

 

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

________________________________

Rafael Nieto-Navia
Presiding Judge

Dated this twenty-sixth day of March 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]