Before: Judge Florence Ndepele Mwachande Mumba, Presiding

Judge Antonio Cassese

Judge Richard May

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 29 April 1998









The Office of the Prosecutor:

Mr. Michael Blaxill

Ms. Patricia Viseur-Sellers

Counsel for the Accused:

Mr. Luka Misetic


THE TRIAL CHAMBER, proprio motu,

NOTING the Decision of the Trial Chamber of today’s date disposing of the Defence Motion to Dismiss Counts 13 & 14 Of The Indictment Based On Defences In The Form Of the Indictment (Vagueness), Lack Of Subject Matter Jurisdiction, And Failure to Establish A Prima Facie Case ("Decision on the Defence Motion on the Indictment"),

NOTING the Decision of the Trial Chamber of today’s date disposing of the Motion Of Defendant Anto Furundzija To Preclude Testimony Of Certain Prosecution Witnesses ("Decision on the Defence Motion on Testimony"),

NOTING the Decision of the Trial Chamber of today’s date granting the Prosecutor’s Motion For Special Protective Measures For Witnesses Under Tribunal Ordered Confidentiality and the Prosecutor’s Motion To Protect Victims And Witnesses,

NOTING ALSO that the trial of Anto Furundzija is scheduled to commence on Monday 8 June 1998,

NOTING WITH CONCERN that the Office of the Prosecutor ("Prosecution") failed without justifiable cause to comply with the time-limit imposed by the Trial Chamber for the filing of its response to the Defence Motion on the Indictment,

NOTING FURTHER WITH GRAVE CONCERN AND DEPLORING THAT the Prosecution has failed to comply with its obligation under Rule 66 (A)(ii) of the Rules of Procedure and Evidence to disclose to the Defence "no later than sixty days before the date set for trial, copies of the statements of all witnesses whom the Prosecutor intends to call to testify at trial",

CONSIDERING THAT, at the hearing and closed session status conference held today, the Trial Chamber set additional dates for filings by the parties and now wishes to make public those dates and the reasons therefore,

PURSUANT to Rule 54 of the Rules of Procedure and Evidence of the International Tribunal ("Rules")


1. the Prosecution shall provide full disclosure to the Defence pursuant to Rule 66 (A)(ii) of the Rules no later than Friday 1 May 1998;

2. the Prosecution shall by Monday 4 May 1998 file a supplementary document which:

a. whilst respecting the Order for Non-Disclosure of the Indictment issued at the time of confirmation by Judge McDonald on 10 November 1995 which is still in force, identifies the persons whom Anto Furundzija is alleged to have aided and abetted, either by name or by pseudonym,

b. specifies the acts or omissions that are alleged against Anto Furundzija, and

c. specifies the legal grounds upon which the Prosecution will rely at trial;

3. the Defence shall inform the Trial Chamber by Friday 15 May 1998 whether it will be in a position to waive its right to timely disclosure under Rule 66 (A)(ii) in consideration of the need to provide for an expeditious trial, and to proceed with the trial on Monday 8 June 1998, or whether it needs the full period allowed by Rules 66 and 72 (A) of the Rules in order to prepare for trial and will therefore seek a postponement of the trial date, IT BEING UNDERSTOOD that, in those circumstances, postponement of the trial date will not be attributed to the Defence;

4. the Prosecution is required to comply strictly with this and any future Orders.


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


Florence Ndepele Mwachande Mumba

Presiding Judge

Dated this twenty-ninth day of April 1998

At The Hague

The Netherlands

[Seal of the Tribunal]