Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
17 September 1999










The Office of the Prosecutor:

Mr. Grant Niemann
Mr. Michael Keegan
Mr. Kapila Waidyaratne

Counsel for the Accused:

Mr. Dusan Vucicevic, for Dragan Kolundzija
Mr. Krstan Simic, for Miroslav Kvocka
Mr. Zarko Nikolic, for Milojica Kos
Mr. Toma Fila, for Mladjo Radic
Mr. Simo Tosic, for Zoran Zigic


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 deposition evidence" filed by the Office of the Prosecutor ("Prosecution") on 9 April 1999 in Case No. IT-98-30 and the various responses of the Defence thereto,

BEING SEISED also of the "Prosecution’s Motion for Joinder" filed on 22 July 1999 seeking joinder of Dragan Kolundzija, an accused named in Case No. IT-95-8, to the Amended Indictment in Case No. IT-98-30 and the various responses of the Defence in both cases,

NOTING the filing of the Amended Indictment in Case No. IT-98-30 by the Prosecution on 31 May 1999, pursuant to the "Decision on Defence preliminary motions on the form of the indictment" issued by the Trial Chamber on 12 April 1999 and the various responses of the Defence thereto,

NOTING that the Indictment in Case No. IT-95-8 has been amended by leave of the confirming Judge on 30 August 1999 to include new charges and that the accused must therefore make a further appearance to enter a plea to these charges,

NOTING ALSO the Submission in Case IT-98-30 of the Amended Indictment in Case No. IT-95-8 by the Prosecution on 7 September 1999,

CONSIDERING the "Decision on Appeal by Dragan Papic against ruling to proceed by deposition" issued by the Appeals Chamber on 15 July 1999 in Prosecutor v. Kupreskic et al, Case No. IT-95-16-AR73.3 concerning the taking of deposition evidence ("the Appeals Chamber Decision"),

CONSIDERING the Scheduling Orders issued by the Trial Chamber in Case No. IT-98-30 of 8 June 1999 and in Case No. IT-95-8 of 20 July 1999, setting status conferences in each case for Monday 27 September 1999 and Tuesday 28 September 1999 respectively,

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


  1. the further appearance of Dragan Kolundzija shall be held on Monday 27 September 1999 commencing at 2 p.m.; and
  2. oral argument shall be heard on all of the above matters, including the impact of the Appeals Chamber Decision on the Motion for Deposition Evidence, in a combined hearing to be held on Monday 27 September 1999 commencing immediately after the further appearance and continuing on Tuesday 28 September 1999 at 2.30 p.m. if necessary, provided however, that defence counsel will only be permitted to address the Trial Chamber in respect of motions to which their client is a party and not to any motion that relates solely to the accused in the other case.

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

Richard May

Dated this seventeenth day of September 1999
At The Hague
The Netherlands

[Seal of the Tribunal]