Case: IT-97-24-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Theodor Meron, Pre-Appeal Judge

Registrar:
Mr. Hans Holthuis

Decision of:
27 May 2004

THE PROSECUTOR

v.

MILOMIR STAKIC

________________________________________

DECISION ON PROSECUTION’S MOTIONS FOR EXTENSION OF PAGE LIMIT AND TO STRIKE OUT DOCUMENTS FROM APPELLANT’S RULE 115 MOTION

________________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Defence:

Mr. Branko D. Lukic
Mr. John R. Ostojic

 

I, THEODOR MERON, President 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"),

BEING SEISED OF the "Prosecution Motion to Strike Out Documents from Appellant’s Rule 115 Motion" ("Motion to Strike"), filed on 29 April 2004, and the Corrigendum thereto filed on 10 May 2004;

BEING SEISED OF the "Extremely Urgent Motion for Extension of Page Limit" ("Page Limit Motion"), filed on 25 May 2004;

CONSIDERING that the Appellant, Milomir Stakic (“Appellant”), has not filed a response to the Motion to Strike or the Corrigendum thereto;

CONSIDERING that, according to the Motion to Strike, counsel for the Appellant has not responded to the letter from the Prosecution dated 22 April 2004,1 which gave notice of the issues to be raised in the Motion to Strike;

CONSIDERING that the Motion to Strike submits that 144 of the 250 documents sought to be admitted by the Appellant’s Motion under Rule 115 of the Rules of Procedure and Evidence ("Rule 115 Motion") were disclosed to the Appellant and available at trial and do not meet the criteria for admission under Rule 115;

CONSIDERING that the Motion to Strike concerns the admissibility of the documents under Rule 115;

CONSIDERING that the Prosecution’s arguments may be included in its response to the Rule 115 Motion and will be considered in due course by the Appeals Chamber, together with any arguments in reply put forward by the Appellant;

CONSIDERING, therefore, that the arguments put forth in the Motion to Strike do not constitute a basis for striking the Rule 115 Motion without considering the merits;

CONSIDERING that the Rule 115 Motion seeks admission of 250 documents comprising approximately 1400 pages;

CONSIDERING that the Page Limit Motion requests permission to file a response not exceeding 80 pages in length, which the Prosecution contends is necessary in light of the volume of evidence filed with the Rule 115 Motion;

CONSIDERING that the Appellant does not oppose the Page Limit Motion;

CONSIDERING that the volume of evidence submitted by the Appellant justifies granting the Prosecution the right to file more than 10 pages in response to the Rule 115 Motion;

FINDING that exceptional circumstances have been shown warranting the extension sought, pursuant to paragraph (C)(7) of the Practice Direction on the Length of Briefs and Motions, Doc. No. IT/184/Rev.1, 5 March 2002;

FOR THE FOREGOING REASONS,

HEREBY DISMISS the Motion to Strike;

GRANT the Page Limit Motion; and

ORDER that the Prosecution may file a response to the Rule 115 Motion not exceeding 24,000 words or 80 pages in length, whichever is greater.

 

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

Dated this 27th day of May 2004,
At The Hague,
The Netherlands.

_________________
Judge Theodor Meron
Pre-Appeal Judge

[Seal of the International Tribunal]


1. Motion to Strike, Annex B.