Before: Judge Claude Jorda

Registrar: Mr. Jean-Jacques Heintz, Deputy Registrar

Order of: 12 February 1999






The Office of the Prosecutor:

Ms. Nancy Patterson


I, Claude Jorda, Duty Judge at the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991,

PURSUANT to the powers vested in me as Duty Judge by Rule 28 of the Rules of Procedure and Evidence (hereinafter "the Rules"),

NOTING the initial indictment issued against Dragan Nikolic on 4 November 1994,

NOTING the confidential and ex parte Motion of the Prosecutor dated 16 November 1998 for leave to amend the indictment, the proposed amended indictment, and the materials presented in support of that indictment,

NOTING the Motion for an order to file the indictment under seal of confidentiality,

NOTING the confirmation hearing of 11 February 1999,

NOTING the Decision of Trial Chamber I of 20 October 1995 (IT-94-2-R61) to issue an international warrant of arrest for Dragan Nikolic,

PURSUANT to Rules 47, 50, 53, and 54 of the Rules,

CONSIDERING that Dragan Nikolic was the subject of an initial indictment which was made public on 4 November 1995,

CONSIDERING that an international warrant of arrest was issued for Dragan Nikolic on 20 October 1995 following the open proceedings provided for by Rule 61 of the Rules and that it was transmitted on that same day to all the States of the international community,

CONSIDERING therefore that neither the accused himself nor the States and entities which might be concerned are unaware of the crimes with which Dragan Nikolic was then charged and that he nonetheless remains unavailable to the Tribunal,

CONSIDERING that the indictments confirmed by a Judge are, in principle, public,

CONSIDERING, nonetheless, that, in view of the explanations provided by the Office of the Prosecutor in support of its Motion for the non-disclosure of the indictment for a limited time period, in the higher interests of justice it appears appropriate to grant the request,

CONSIDERING that I am convinced that the materials attached to the new indictment establish that sufficient evidence exists to provide reasonable grounds for believing that Dragan Nikolic committed the offences with which he is charged,


CONFIRM all the counts which appear in the "first amended indictment",

ORDER that the amended indictment not be disclosed to the public and that it remain confidential until and including 31 March 1999,

AUTHORISE the Prosecutor to use pseudonyms to designate the victims of sexual assault in the amended indictment and the attached materials and to redact therefrom all identifying information.

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

Done this twelfth day of February 1999


At The Hague
The Netherlands

Claude Jorda
Duty Judge

(Seal of the Tribunal)