Before: Judge David Hunt, Pre-Trial Judge

Registrar: Mrs Dorothee de Sampayo Garrido-Nijgh

Order of: 21 June 2000







The Office of the Prosecutor:

Ms Joanna Korner
Ms Anna Richterova
Ms Anne Sutherland

Counsel for the Accused:

Mr John Ackerman for Radoslav Brdanin
Maître Xavier de Roux, Maître Michel Pitron for Momir Talic


I, Judge David Hunt, Pre-Trial Judge in this case;

NOTING the "Motion for the Provisional Release of Radoslav Brdanin” filed by counsel for Radoslav Brdanin (“Brdanin”) on 28 April 2000 (“Provisional Release Motion”) pursuant to which Brdanin seeks provisional release pursuant to Rule 65(B) of the Rules of Procedure and Evidence (“Rules");

NOTING the "Prosecution’s Response to ‘Motion for the Provisional Release of Radoslav Brdanin (sic)" filed by the Office of the Prosecutor ("prosecution") on 9 May 2000 ("Response");

NOTING the request made by counsel for Brdanin in the Motion to present witnesses in relation to the Motion;

NOTING FURTHER the request for an oral hearing on the Motion made by counsel for Brdanin in the Motion and by the prosecution in the Response;

NOTING the Scheduling Order issued by the Trial Chamber on 25 May 2000 in which it ordered that counsel for Brdanin file statements of the witnesses it wishes to call in relation to the Motion, and that the parties file submissions as to why the Trial Chamber should depart from the usual practice by hearing oral argument in relation to the Motion;

NOTING the "Prosecutions’s Submissions Pursuant to Pre-Trial Judge’s Scheduling Order of 25 May 2000" filed by the prosecution on 1 June 2000 in which the prosecution submits that there is no uniform practice regarding the hearing of Motions filed pursuant to Rule 65, and that an oral hearing would give the parties the opportunity to fully address various significant issues which are raised by the Motion;

NOTING the “Submission of Witness Statement” filed on behalf of Brdanin on 15 June 2000, pursuant to which a formal statement of Mira Brdanin (“Witness”), together with supporting documents, (“Witness Statement”) was filed in support of the Motion;

NOTING that the prosecution has orally communicated to the Trial Chamber that it does not intend to respond to the filing of the Witness Statement and does not wish to cross examine the Witness;

CONSIDERING the desire of both parties for an oral hearing of the Motion filed pursuant to Rule 65(B);

CONSIDERING that, as the Witness Statement appears to have been formally taken before a notary and the prosecution has not sought to challenge the authenticity of the statement and has indicated that it does not wish to cross-examine the Witness, it is unnecessary for the Witness to give evidence before the Trial Chamber in person and the Trial Chamber may take the contents of that statement into account, subject to relevance and weight, in determining the Motion;

NOTING the status conference held in these proceedings on 24 March 2000;

NOTING Rule 65bis of the Rules which requires the Trial Chamber or a Trial Chamber Judge to convene a status conference within one hundred and twenty days of the last status conference;

HEREBY ORDER that a status conference and an oral hearing at which the parties may present oral argument in relation to the Motion be held at 4 p.m. on Thursday 20 July 2000.


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

Judge David Hunt
Pre-Trial Judge

Dated this 21st day of June 2000
At The Hague
The Netherlands

[Seal of the Tribunal]