Before: Judge Florence Ndepele Mwachande Mumba, Presiding

Judge Antonio Cassese

Judge Richard May

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 22 May 1998









The Office of the Prosecutor:

Mr. Mark Harmon

Mr. Terree Bowers

Mr. Michael Blaxill

Ms. Patricia Viseur-Sellers

Counsel for the Accused:

Mr. Luka Misetic


THIS TRIAL 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 ("International Tribunal");

CONSIDERING that the trial of Anto Furundzija is scheduled to commence on 8 June 1998;

RECALLING the history of these proceedings;

CONSIDERING that the Trial Chamber has to ensure that the accused has adequate time and facilities for the preparation of his defence pursuant to Article 21(4)(b) of the Statute of the International Tribunal;

NOTING that Rule 72 of the Rules of Procedure and Evidence of the International Tribunal ("Rules of Procedure and Evidence") enables the parties to raise matters requiring determination by the Trial Chamber before the commencement of trial, the resolution of which is vital in order to try the accused in a fair and expeditious manner;

CONSIDERING that in the "Defendant’s Response to the Trial Chamber’s Order of 29 April 1998" filed on 15 May 1998 (Official Record at Registry Page ("RP") D762-D764) the Defence indicated its preparedness and willingness to proceed to trial on 8 June 1998, however, without waiving its right pursuant to Rule 72 of the Rules of Procedure and Evidence to file pre-trial motions within sixty days of disclosure by the Prosecutor of all material and statements referred to in Rule 66(A);

CONSIDERING ALSO the "Defendant’s Supplemental Response to the Trial Chamber’s Order of 29 April 1998" ("Supplemental Response") dated 15 May 1998 but received and filed by the Registry on 22 May 1998 (RP D779-D780);

CONSIDERING FURTHER that in the Supplemental Response the Defence, in view of its unwillingness to waive its right to file motions under Rule 72 and its eagerness to proceed to trial on 8 June 1998, has agreed to file all such motions by 22 May 1998 on condition that the Prosecution file its responses by 27 May 1998;

HEREBY ORDERS the Prosecution to reply to any and all such motions filed by the Defence in accordance with the Supplemental Motion by 27 May 1998, it being understood by the Parties that the Trial Chamber may call for oral submissions on the motions and take any steps that may be necessary in the interests of justice.


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


Florence Ndepele Mwachande Mumba

Presiding Judge 

 Dated this 22nd day of May 1998

At The Hague,

The Netherlands.

[Seal of the Tribunal]