Case No.: IT-95-14-A

IN THE APPEALS CHAMBER

Before:
Judge Lal Chand Vohrah, Presiding
Judge Rafael Nieto-Navia
Judge Patricia Wald
Judge Fausto Pocar, Pre-Appeal Judge
Judge Liu Daqun

Registrar:
Mr. Hans Holthuis

Decision of:
7 November 2001

PROSECUTOR

v.

TIHOMIR BLASKIC

___________________________________________________________

DECISION ON APPELLANT’S MOTION TO EXTEND DEADLINE FOR FILING APPELLANT’S BRIEF AND REQUEST FOR AUTHORIZATION TO EXCEED THE PAGE LIMIT FOR APPELLANT’S BRIEF

___________________________________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Appellant:

Mr. Anto Nobilo
Mr. Russell Hayman
Mr. Andrew Payley

 

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 SEISED of the "Appellant’s Motion to Extend Deadline for Filing Appellant’s Brief and Request For Authorization To Exceed The Page Limit For Appellant’s Brief" and attached Declarations filed on 26 October 2001, in which the Appellant requests authorization to file his brief of argument until 14 January 2002, and to exceed the applicable page limit set out in the Practice Direction on the Length of Briefs and Motions IT/184 ("the Practice Direction IT/184");

NOTING the "Prosecution Response to the ‘Appellant’s Motion to Extend the [sic] Deadline for Filing Appellant’s Brief and Request For Authorization To Exceed The Page Limit For Appellant’s Brief" filed on 5 November 2001, in which the Prosecution states that it has no objection to the extension of time and the authorization to exceed the applicable page limit sought, and submits that the Appellant’s Brief, the Respondent’s Brief and the Brief in Reply should be limited to the present record on appeal and should not include all the additional evidence so far submitted but which has not yet been admitted;

NOTING the "Appellant’s Supplemental Motion to Suspend Briefing Schedule" filed on 5 November 2001, but making no determination on it until a response is filed by the Prosecution;

NOTING Rule 111 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules") which provides: "An Appellant's brief of argument setting out the grounds of appeal and authorities shall be filed within ninety days of filing of the notice of appeal pursuant to Rule 108";

NOTING that the Appellant filed his notice of appeal on 17 March 2000, and the Appeals Chamber issued an order suspending the filing schedule sixty-three days later, on 19 May 2000;

NOTING the Order issued by the Appeals Chamber on 16 October 2001, instructing the Appellant to file his brief of argument by 30 November 2001, thus granting an extension of fourteen days beyond the deadline pursuant to Rule 111 of the Rules;

NOTING that during the Status Conference held on 18 October 2001, the Pre-Appeal Judge reiterated that the Appeals Chamber had decided to resume the briefing schedule because in light of the large volume of the evidence proffered it felt it was necessary to receive a full description of the grounds of appeal before deciding on the admissibility of such evidence;

CONSIDERING that the Appellant’s Brief may but need not make reference to the additional evidence submitted, and that the Appellant would be able to file supplementary briefs regarding the additional evidence;

PURSUANT to Rule 127 of the Rules and Article (C) 7 of Practice Direction IT/184;

HEREBY ORDERS that the deadline for filing the Appellant’s Brief shall be further extended to 14 January 2002; and

GRANTS authorization to exceed the applicable page limit set out in the Practice Direction IT/184 to a maximum of two hundred pages.

 

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

________________________________
Lal Chand Vohrah
Presiding Judge

Dated this seventh day of November 2001
At The Hague,
The Netherlands.

[Seal of the Tribunal]

   

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