Before: Judge Mohamed Bennouna, Pre-trial Judge

Registrar: Dorothee de Sampayo Garrido-Nijgh

Order of: 11 May 2000







Office of the Prosecutor:

Ms. Brenda J. Hollis
Mr. Michael J. Keegan
Mr. Kapila Waidyaratne

Counsel for the Accused:

Mr. Vladimir Petrovic, for Damir Došen
Mr. Dušan Vucicevic, for Dragan Kolundžija


I, MOHAMED BENNOUNA, Judge 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 International Tribunal"),

HAVING BEEN APPOINTED as pre-trial Judge in this matter by virtue of an Order of the Trial Chamber dated 3 February 2000,

NOTING the "Pre-trial Brief" filed by the Office of the Prosecutor ("the Prosecution") on 11 April 2000,

NOTING the "Submission of Potential Witness List" filed by the Prosecution on 11 April 2000 ("the witness list"), which provides a list of potential witnesses whom the Prosecution has been able to contact to date,

NOTING the Scheduling Order of 31 March 2000 setting a status conference for Wednesday 7 June 2000, commencing at 3.00 p.m.,

HAVING REVIEWED the pre-trial brief and the witness list submitted by the Prosecution,

CONSIDERING the responsibility of the pre-trial Judge to prepare the case for a fair and expeditious trial pursuant to Rule 65 ter of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),

CONSIDERING that Sub-rule 65 ter (E)(i) of the Rules provides that the pre-trial brief filed by the Prosecution shall address the factual and legal issues, and include a written statement setting out the nature of the Prosecution’s case,

CONSIDERING that Sub-rule 65 ter (E)(iv) of the Rules provides that the list of the witnesses the Prosecution intends to call at trial shall, inter alia, include a summary of the facts on which each witness will testify, the points of the indictment as to which each witness will testify, including specific references to counts and relevant paragraphs in the indictment, and the estimated length of time required for each witness,

CONSIDERING that the pre-trial brief only provides a general analysis of the legal issues relevant to the charges alleged in the Amended Indictment without providing particulars as to the specific charges brought against the accused, and without setting out the nature of the Prosecution’s case in this particular instance,

CONSIDERING that the witness list does not contain any indication as to the substance of the testimony of the witnesses, nor any indication as to their relevance in relation to the Amended Indictment and their estimated length of time of the testimony,

CONSIDERING that it is necessary for administrative reasons to vary the time at which the status conference will commence on Wednesday 7 June 2000,

Proprio motu

PURSUANT TO Rules 54 and 65 ter of the Rules,

HEREBY ORDER as follows:

(1) the Prosecution shall file an amended pre-trial brief fulfilling the requirements of Rule 65 ter (E)(i) by Wednesday 1 June 2000;

(2) the Prosecution shall file a witness list fulfilling the requirements of Rule 65 ter (E)(iv) by Wednesday 1 June 2000; and

(3) the status conference scheduled for Wednesday 7 June 2000 shall commence at 4.30 p.m..

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

Mohamed Bennouna
Pre-trial Judge

Dated this eleventh day of May 2000
At The Hague
The Netherlands

[Seal of the Tribunal]