Case No.: IT-03-69-PT


Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Mr. Hans Holthuis

Decision of:
15 June 2005







The Office of the Prosecutor

Mr. David Re

Counsel for the Jovica Stanisic

Mr. Geert-Jan Alexander Knoops
Mr. Wayne Jordash

Counsel for the Franko Simatovic

Mr. Zoran Jovanovic


THIS TRIAL 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"),

BEING SEISED of a (i) "Request for an Extension of Time to Respond to the Prosecution Motion for Joinder", filed on 9 June 2005 by the Defence of Jovica Stanisic; and a (ii) "Defence Motion for Extension of Time to File Response to Prosecution Motion for Joinder", filed on 13 June 2005 by the Defence of Franko Simatovic ("Stanisic Motion” and “Simatovic Motion”, respectively),

NOTING the "Prosecution Response to Request for Extension of Time To File Response to Motion for Joinder", filed on 15 June 2005 ("Response") by the Office of the Prosecutor ("Prosecution") opposing the extension of time sought in the Stanisic Motion and the Simatovic Motion,

NOTING that the Defence teams submit, inter alia, that the Trial Chamber’s decision on the pending "Prosecution Motion for Leave to Amend the Amended Indictment", filed on 6 May 2005 ("Prosecution Amendment Motion") has an impact on the ability of the Defence teams to respond to the "Prosecution Motion for Joinder", filed on 1 June 2005 ("Prosecution Joinder Motion"), and consequently request an extension of time to a date that begins to run after the issuance of the Trial Chamber decision on the Prosecution Amendment Motion,1

NOTING that the Prosecution submits that, although the Defence teams are currently in a position to file their response to the Prosecution Joinder Motion, it does not oppose an additional seven days "recognising the importance of the matter for determination and the need to ensure the right to a fair trial",2

NOTING that, pursuant to Rule 126 bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), the last day for the Defence teams to file a response, if any, to the Prosecution Joinder Motion is 15 June 2005, and that, pursuant to Rule 127 of the Rules, the Trial Chamber may extend the time for the Defence teams to file the response to the Prosecution Joinder Motion on good cause being shown,

CONSIDERING that there is no good cause to extend the time to a date as requested by the Defence teams since the Prosecution Amendment Motion does not appear to alter the substance of the Prosecution Joinder Motion,

CONSIDERING HOWEVER that there is good cause to extend the time to another appropriate date since the Prosecution Joinder Motion concerns the request for the joinder of three cases, which are in different stages of proceedings before the International Tribunal and involves four accused,

NOTING that, if the amendment to the indictment impacts on the issue of joinder, the Trial Chamber may consider allowing a further response from the Defence teams on the Prosecution Joinder Motion,

PURSUANT TO Rules 54, 126 bis, and 127 of the Rules,

HEREBY GRANTS the Stanisic Motion and Simatovic Motion in part, and ORDERS that the Defence teams shall file their response to the Prosecution Joinder Motion by Wednesday, 29 June 2005.


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

Patrick Robinson

Dated this fifteenth day of June 2005
At The Hague
The Netherlands

[Seal of the Tribunal]

1. Stanisic Motion, para. 5 and Simatovic Motion, paras 11, 13-14.
2. Response, paras 4-5.