Case No.: IT-01-48-PT


Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Mr. Hans Holthuis

Order of:
8 December 2004







The Office of the Prosecutor

Mr. Phillip Weiner
Ms. Sureta Chana

Counsel for the Accused

Mr. Peter Morrissey
Mr. Guénaël Mettraux


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"),

BEING SEISED of a "Motion for Scheduling of Date for Trial" filed by counsel for the accused, Sefer Halilovic, on 10 November 2004 ("the Motion"), seeking an Order from the Trial Chamber that (1) the case continues and will continue to be the next case in line in the scheduling of cases for trial; and (2) the case will commence on or about a particular date specified, to proceed without the interposition of other trials thereafter,

NOTING that the Office of the Prosecutor ("Prosecution") has not filed any response to the Motion and has repeatedly stated that it is ready to commence trial in this matter,

NOTING the submission by the Prosecution of its final pre-trial brief on 13 October 2004 and the Notice filed by the Defence on 27 October 2004 confirming that the defence pre-trial brief filed on 26 March 2003 shall stand as the final defence pre-trial brief in this matter,

NOTING also that the accused is currently on provisional release subject to various terms and conditions including under the condition "to return to the International Tribunal at such time and on such date as the Trial Chamber may order", and that arrangements will need to be made for his return to the United Nations Detention Unit to stand trial,

CONSIDERING that it would be in the interests of the proper administration of justice for the parties to have as much notice as possible of the date for commencement of trial but that matters of trial scheduling and the sequence in which cases proceed to trial must always be subject to review based on, inter alia, changing circumstances,

PURSUANT to Rules 54 and 65 ter (E)(ii) and (iii) of the Rules of Procedure and Evidence of the International Tribunal and after consultation with the President of the International Tribunal

HEREBY DECLINES to grant the relief in the terms sought by the Defence but ORDERS as follows:

  1. subject to further Order, the date of Monday 24 January 2005 shall be fixed as the date for commencement of trial in this matter; and

  2. subject to further Order the accused shall return to the United Nations Detention Unit no later than Monday 17 January 2005.

This Trial Chamber remains seised of the remaining pre-trial motions until such time as the case is assigned by the President to another Trial Chamber for trial.


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

Patrick Robinson

Dated this eighth day of December 2004
At The Hague
The Netherlands

[Seal of the Tribunal]