IN TRIAL CHAMBER II

Before:
Judge David Hunt, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Daqun Liu

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
4 May 2000

PROSECUTOR

v.

DRAGAN NIKOLIC

________________________________________________________________________________

DECISION DEFERRING CONSIDERATION
OF MOTION FOR PROTECTIVE MEASURES

________________________________________________________________________________

The Office of the Prosecutor:

Ms. Nancy Paterson

Counsel for the Accused:

N.N.

1. The Trial Chamber is seised of the Prosecutor’s confidential Motion for Protective Measures, filed on 28 April 2000 ("Motion"). The Prosecutor is requesting various protective measures in relation to this case. The issues raised in the Motion, including the permissibility of the Prosecutor disclosing redacted material to the Defence without prior leave from a Chamber, are of general importance and are currently being considered by this Trial Chamber in another case, Prosecutor v. Brdjanin and Talic (Case no. IT-99-36-PT) ("Brdjanin case"). The Trial Chamber therefore considers that the best way to proceed in this case would be for the parties to await the forthcoming decision on these matters in the Brdjanin case. Both parties will be given another opportunity, should they consider it necessary, to add to the Motion and to file a response, as the case may be, in light of the decision in the Brdjanin case.

2. Accordingly, the Trial Chamber, pursuant to Rule 73 of the Rules, HEREBY ORDERS as follows:

1. The Prosecutor’s disclosure obligation under Rule 66 is stayed pending the decision in the Brdjanin case.
2. The Prosecutor may, should she consider it necessary, add to her Motion in light of the decision in the Brdjanin case within seven days of that decision.
3. The Respondent may, if he wishes, file his response to the Motion within fourteen days of the Brdjanin decision or fourteen days after the Motion has been added to by the Prosecutor, whichever is the later.

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

___________________________
David Hunt
Presiding Judge

Done this fourth day of May 2000,
At The Hague,
The Netherlands