IN THE TRIAL CHAMBER
Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald
Mr Hans Holthuis
21 February 2001
SCHEDULING ORDER AND ORDER ON THE PROSECUTIONS "MOTION FOR THE TRIAL CHAMBER TO TRAVEL TO SARAJEVO"
Office of the Prosecutor:
Mr Mark Ierace
Counsel for the Defence:
Ms Mara Pilipovic
TRIAL CHAMBER I 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 (the "Trial Chamber");
NOTING that during the Status Conference on 30 January 2001, the Prosecution agreed to file within 21 days, that is, by 21 February 2001, the pre-trial brief in its current form as a working tool during the pre-trial phase;1
NOTING that at the Status Conference on 30 January 2001, the Parties agreed to continue negotiating a protocol for the travel to Sarajevo, proposed by the Prosecution in its "Motion for the Trial Chamber to Travel to Sarajevo" of 14 July 2000, and to inform the Trial Chamber of the results of their negotiations within four weeks, that is, by 28 February 2001;2
SCHEDULES a Status Conference on Tuesday 15 March 2001 at 15:30 in order to discuss the progress of the pre-trial preparation of the case on the basis of the Prosecutions provisional pre-trial brief, including the following matters:
1. Disclosure of materials pursuant to Rule 66(A)(ii) of the Rules of Procedure and Evidence (the "Rules") and Rule 68;
2. Implementation of Rule 65 ter (E):
- (i) the nature of the Prosecutions case pursuant to Rule 65 ter (E)(i);
(ii) admissions by the Parties and a statement of matters which are not in dispute pursuant to Rule 65 ter (E)(ii);
(iii) a statement of contested matters of fact and law pursuant to Rule 65 ter (E)(iii);
- a list of witnesses the Prosecution intends to call pursuant to Rule 65 ter (E)(iv); and
- a list of exhibits the Prosecution intends to offer pursuant to Rule 65 ter (E)(v);
3. Possibility of reducing the number of issues in dispute through judicial notice pursuant to Rule 94;
4. Whether the accused plans to offer an alibi defence pursuant to Rule 67(A)(ii)(a);
5. Adducing evidence pursuant to Rule 92 bis;
6. Possibility of taking some testimony by deposition pursuant to Rule 71 or by video-conference link pursuant to Rule 71 bis; and
7. Schedule for the submission of reports by expert witnesses pursuant to Rule 94 bis;
INFORMS the Parties that during the Status Conference on 15 March 2001, they are also to present oral argument on the protocol for the proposed travel to Sarajevo.
Done in English and French, the English version being authoritative.
Presiding Judge and Pre-trial Judge
Done this 21 February 2001
At The Hague,
[Seal of the Tribunal]
1. Status Conference, 30 January 2001, Transcript, pp. 305, 309.
2. Status Conference, 30 January 2001, Transcript, pp. 295-297.