Before: Judge David Hunt, Pre-Appeal Judge

Registrar: Mrs Dorothee de Sampayo Garrido-Nijgh

Order of: 14 December 1999



Zejnil DELALIC, Zdravko MUCIC (aka “PAVO”), Hazim DELIC
and Esad LANDZO (aka “ZENGA”)




Office of the Prosecutor:

Mr Upawansa Yapa
Mr Christopher Staker
Mr Norman Farrell
Mr Rodney Dixon

Counsel for the Defence:

Mr John Ackerman for Zejnil Delalic
Mr Tomislav Kuzmanovic and Mr Howard Morrison for Zdravko Mucic
Mr Salih Karabdic and Mr Tom Moran for Hazim Delic
Ms Cynthia Sinatra and Mr Peter Murphy for Esad Landzo


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 ("International Tribunal");

NOTING the “Defendant Esad Landžo’s Notice of Appeal”, filed on 1 December 1998, wherein he sets out his grounds of appeal including, inter alia, that his right to a fair and expeditious trial pursuant to Articles 20 and 21 of the Statute of the International Tribunal "were violated when verdict and sentence were rendered by a Trial Chamber whose presiding Judge was permitted to sleep through much of the proceedings" ("Fourth Ground of Appeal");

NOTING the Scheduling Order issued on 17 November 1999 which provides, inter alia, for the Appellant to file a supplementary appellant brief in relation to the Fourth Ground of Appeal by 6 December 1999;

NOTING the "Supplemental Brief of Appellant, Esad Landžo, in Support of Fourth Ground of Appeal (the Sleeping Judge)”, filed out of time on 7 December 1999 (“Supplementary Brief”);

CONSIDERING the oral explanation given by Counsel for Esad Landžo to the Registry in respect of the late filing of the Supplementary Brief;

NOTING Rule 127 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") which provides, inter alia, that a Chamber may "enlarge or reduce any time prescribed by or under these Rules …[or]… recognize as validly done any act 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 the "Prosecution’s Notice of Length of Time Needed to View Videotapes and to File its Response to Appellant’s Supplementary Brief", filed on 13 December 1999 whereby the Prosecution requests that it be given until Wednesday 22 December 1999 to file details of the dates and times of the videotape extracts which it relies for its Response to the Supplementary Brief in respect of the Fourth Ground of Appeal ("Particulars");

PURSUANT to Rules 111, 112, 113 and 127 of the Rules of Procedure and Evidence,

HEREBY DEEMS the Supplementary Brief to have been filed on time, and

ORDERS that the:

1. Prosecution shall file its Particulars on or before 5:00 pm on Wednesday 22 December 1999.

2. Prosecution shall file its Response to the Supplementary Brief on or before 5:00 pm on Friday 28 January 2000.

3. Appellant shall file its Reply to the Prosecution’s Response on or before 5:00 pm on Monday 14 February 2000.


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

David Hunt
Pre-Appeal Judge

Done this fourteenth day of December 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]