Case No. IT-95-9-A


Judge Mehmet Güney

Mr. Hans Holthuis

13 February 2006



Blagoje SIMIC




Counsel for the Prosecutor

Mr. Peter Kremer

Counsel for Blagoje Simic

Mr. Igor Pantelic
Mr. Peter Murphy

Counsel for Stevan Todorovic

Mr. Nikola P. Kostich


I, MEHMET GÜNEY 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 ("International Tribunal") and Pre-Appeal Judge in the present case,

NOTING the "Order Proprio Motu Granting Access to Confidential Material" issued on 3 February 2006 ("Order Granting Access"), whereby the Appeals Chamber granted access to Blagoje Simic and his Defence to the medical reports filed confidentially before the Trial Chamber seised of the Todorovic case1 relating to the psychiatric examination of Mr. Stevan Todorovic (“Medical Reports”) and ordered Mr. Todorovic to apply for additional protective measures or redactions of the Medical Reports, if required, within seven workings days of the Order Granting Access;

BEING SEISED OF the letter filed by Mr. Todorovic’s Counsel, Mr. Nikola P. Kostich, on 10 February 2006, whereby he requests an extension of time to file Mr. Todorovic’s response to the Order Granting Access;

NOTING that, in support of his request, Mr. Todorovic’s Counsel submits, inter alia, that (i) he was able to inform Mr. Todorovic of the Order Granting Access only on 7 February 2006; (ii) Mr. Todorovic “is very concerned that the medical records and psychological evaluation are to be released to third parties”; (ii) Mr. Todorovic’s Counsel is not in possession of any of the prior filings in the instant matter and therefore cannot respond appropriately; (iii) he “is still in the process of securing Mr. Todorovic’s complete file in order to review the medical records in question”; (iv) “the time frame issued by the Court is much too short to be able to provide the [Appeals] Chamber with an appropriate and fully developed response";

NOTING that the Appeals Chamber granted access to the Medical Reports to Blagoje Simic and his Defense on the ground that “the Medical Reports ‘are likely to be of material assistance’ in the preparation of [Blagoje Simic]’s case";2

NOTING that, pursuant to the Order Granting Access, any request for additional protective measures or redactions is due no later than 14 February 2006;

NOTING that Rules 127 and 107 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") provide that "on good cause being shown by motion" the Appeals Chamber may "enlarge or reduce any time prescribed by or under these Rules";

FINDING that the fact that Mr. Todorovic was only informed of the Order Granting Access on 7 February 2006, 4 days after the Order had been issued, and that Mr. Todorovic’s Counsel needs time to gather the relevant material constitute good cause for a brief extension of time;

FINDING however that the other grounds put forward by Mr. Todorovic’s Counsel do not constitute good cause within the meaning of Rule 127 of the Rules;

REMINDING Mr. Todorovic that he is not requested to file a "fully developed response" or "additional formal submissions" but authorised to apply, if he wishes to do so, for additional protective measures or redactions of the Medical Reports to which access has been granted to Blagoje Simic and his Defence by the Appeals Chamber;


HEREBY GRANT, in part, the request for extension of time; and

ORDER that Mr Todorovic apply for additional protective measures or redactions of the Medical Reports no later than Monday, 20 February 2006.


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

Dated this 13th day of February 2006,
At The Hague,
The Netherlands.

Judge Mehmet Güney
Pre-Appeal Judge

[Seal of the International Tribunal]

1. Prosecutor v. Stevan Todorovic, Case No: IT-95-9/1-S.
2. Order Granting Access, p. 2