BEFORE THE PRE-APPEAL JUDGE
Before: Judge Mohamed Shahabuddeen, Pre-Appeal Judge
Registrar: Mr. Hans Holthuis
Order of: 10 July 2001
PROSECUTOR
v.
Dragoljub KUNARAC
Radomir KOVAC
and
Zoran VUKOVIC
___________________________________________________________
DECISION ON JOINT REQUEST FOR AUTHORISATION TO EXCEED PRESCRIBED PAGE LIMITS
___________________________________________________________
Counsel for the Prosecutor:
Mr. Upawansa Yapa
Counsel for the Appellants:
Mr. Slaviša Prodanovic and Ms. Maja Pilipovic for Dragoljub Kunarac
Mr. Momir Kolesar and Mr. Vladimir Rajic for Radomir Kovac
Mr. Goran Jovanovic and Ms. Jelena Lopicic for Zoran Vukovic
I, Mohamed Shahabuddeen, 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 ("the International Tribunal"),
NOTING the "Order designating a Pre-Appeal Judge" issued on 8 June 2001, which designated Judge Shahabuddeen as the Pre-Appeal Judge;
BEING SEISED OF the "Joint Request for the Authorisation to Exced tha Page Limits for the Appellant’s Brief", filed by the Counsel for Radomir Kovac and Dragoljub Kunarac on 25 June 2001 ("the Request");
NOTING the "Prosecution Response to ‘Joint Request for the Authorisation to Exceed the Page Limits for the Appellant’s Brief’", filed on 5 July 2001;
NOTING that article (C)1 of the Practice Direction on the Length of Briefs and Motions (IT/184) ("the Practice Direction") limits an appellant’s brief to "100 pages or 30,000 words, whichever is greater";
CONSIDERING that the Request seeks authorisation to increase the page limit of the appeal briefs of Radomir Kovac and Dragoljub Kunarac to 160 pages, or 40,000 words, on the grounds of the detail of the factual and legal issues raised in the indictment and in the Trial Chamber’s judgement of 22 February 2001 and the interests of justice;
CONSIDERING that article (C)7 of the Practice Direction states that a party seeking authorisation to exceed the prescribed page limits "must provide an explanation of the exceptional circumstances that necessitate the oversized filing";
CONSIDERING that the circumstances raised in the present case do not constitute exceptional circumstances;
HEREBY DENY the Request.
Done in both English and French, the English text being authoritative.
________________________________
Mohamed Shahabuddeen
Pre-Appeal Judge
Dated this tenth day of July 2001
At The Hague,
The Netherlands.
[Seal of the Tribunal]
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