WorldCourts: International Case Law Database   International Case Law Database
50,000+ decisions · 50+ institutions
 
     
 
Tuta and Stela, Prosecutor v. Naletilic et al., Decision on Application by the Accused Mladen Naletilic for Leave to Appeal and Notice of Joinder in That Application by the Accused Vinko Martinovic Against the Decision of Trial Chamber I Dated 27 November 2000, IT-98-34-A (ICTY AC, Feb. 02, 2001)

BEFORE A BENCH OF THE APPEALS CHAMBER

Before:
Judge Lal Chand Vohrah, Presiding
Judge Mohamed Shahabuddeen
Judge Rafael Nieto-Navia

Registrar:
Mr. Hans Holthuis

Decision of:
2 February 2001

THE PROSECUTOR

v.

MLADEN NALETILIC aka "TUTA"
and
VINKO MARTINOVIC aka "ŠTELA"

_________________________________________________________

DECISION ON APPLICATION BY THE ACCUSED MLADEN
NALETELIC FOR LEAVE TO APPEAL AND NOTICE OF JOINDER IN THAT APPLICATION BY THE ACCUSED VINKO MARTINOVIC AGAINST
THE DECISION OF TRIAL CHAMBER I DATED 27 NOVEMBER 2000

_________________________________________________________

Counsel for the Prosecutor:

Mr. Kenneth Scott

Counsel for the Accused:

Mr. Kresimir Krsnik, for Mladen Naletelic
Mr. Branko Seric, for Vinko Martinovic

 

THIS BENCH 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 ("the International Tribunal");

BEING SEIZED OF the "Defence’s Application for Leave to Appeal Against Trial Chamber I Decision Dated 27 November 2000", filed by Counsel for the accused Mladen Naletilic on 6 December 2000 and the “Notice of the Defence for the Accused Vinko Martinovic of Joining the Request by the Defence for the Accused Mladen Naletilic for a Permission to Lodge the Appeal Against the Decision on Prosecution Motion for Admission of Transcripts and Exhibits Tendered During Testimony of Certain Blaškic and Kordic Witnesses”, filed by Counsel for accused Vinko Martinovic on 7 December 2000 (“the Application for Leave to Appeal” and “the Notice of Joinder” respectively);

NOTING the "Decision On Prosecution Motion for Admission of Transcripts and Exhibits Tendered During Testimony of Certain Blaškic and Kordic Witnesses”, issued and filed on 27 November 2000 (“the Impugned Decision”);

NOTING the "Prosecutor’s Response to Defence’s Application for Leave to Appeal Against Trial Chamber I Decision Dated 27 November 2000", filed by the Prosecutor on 15 December 2000;

CONSIDERING that the Application for Leave to Appeal is filed pursuant to Rule 73 of the Rules of Procedure and Evidence ("the Rules") and that such application is adopted in the Notice of Joinder;

CONSIDERING that Rule 73 (C) of the Rules requires that an application for leave to appeal "shall be filed within seven days of the filing of the impugned decision";

NOTING that the Application for Leave to Appeal was filed nine days after the filing of the Impugned Decision;

NOTING that the Notice of Joinder was filed ten days after the filing of the Impugned Decision;

CONSIDERING that no request for an extension of time has been filed pursuant to Rule 127 of the Rules;

CONSIDERING that in the Application for Leave to Appeal it is submitted that the appeal was filed within the prescribed time limit as, according to it, the Impugned Decision was received by fax on 30 November 2000;

CONSIDERING however that the Impugned Decision was recorded by the Registry of the International Tribunal as filed on 27 November 2000;

FINDING that the Application for Leave to Appeal and the application as adopted in the Notice of Joinder were filed out of time;

HEREBY REJECTS the Application for Leave to Appeal and the Notice of Joinder.

 

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

________________________________
Judge Lal Chand Vohrah
Presiding

Dated this second day of February 2001
At The Hague,
The Netherlands.

[Seal of the Tribunal]

   

Home | Terms & Conditions | About

Copyright 1999- WorldCourts. All rights reserved.