Before: Judge Richard May, Presiding

Judge Mohamed Bennouna

Judge Patrick Robinson

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 19 March 1999




Blagoje SIMIC
Miroslav TADIC a/k/a Miro BRKO




The Office of the Prosecutor:

Mr. Grant Niemann
Ms. Nancy Paterson
Ms. Anne-Birgitte Haslund
Ms. Mary MacFadyen


Counsel for the Accused:

Mr. Branislav Avramovic, for Milan Simic
Mr. Igor Pantelic, for Miroslav Tadic
Mr. Deyan Ranko Brashich, for Stevan Todorovic
Mr. Borislav Pisarevic, for Simo Zaric


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 various motions now pending before it, including a "Prosecutor’s request for admission of documentary evidence" filed by the Office of the Prosecutor ("Prosecution") on 10 February 1999 ("the Prosecution Request for admission"), a "Motion to compel production of discovery and exculpatory information", a "Motion to compel production of witness’ statements", a "Motion for Prosecution to elect theory or dismiss", a "Motion for an order suppressing/excluding testimony", a "Motion for an order striking and excluding testimony", a "Motion suppress/exclude identification" a "Motion for a bill of particulars" and "Stevan Todorovic’s motion to strike aliases from indictment" all filed by counsel for the accused, Stevan Todorovic on 11 February 1999 (together "the Defence Motions"),

NOTING the responses of the Prosecution to the Defence Motions, all filed on 22 February 1999, including the objection raised as the timeliness of the filing of the Defence Motions,

HAVING HEARD the oral arguments of the parties on 23 February and 4 March 1999,

NOTING that the Defence for all accused have no objection to the Prosecution Request for admission, save that counsel for the accused, Stevan Todorovic, objects to the admission into evidence of the documents listed in part 4 of the Annex to the Prosecution Request for admission, transcripts of interviews with the accused,

NOTING ALSO that counsel for Stevan Todorovic withdrew the Motion for a bill of particulars and the Motion to compel production, save and except in so far as that motion relates to another motion concerning the legality of the manner of the arrest of the accused Stevan Todorovic,

CONSIDERING that the Trial Chamber indicated at the hearing that the Motion to strike aliases would be granted,

PURSUANT TO Rules 54, 72, 73 and 127 of the Rules of Procedure and Evidence of the International Tribunal,


HEREBY ORDERS as follows:

  1. the late filing of the Defence Motions is hereby accepted;
  2. the Prosecution Request for admission shall be granted and the documents listed in the Annex shall be admitted subject to the right of the Defence to object to the admission of any particular item at the time it is presented in evidence;
  3. the Motion for an order suppressing/excluding testimony, the Motion for an order striking and excluding testimony and the Motion to suppress/exclude identification are denied, with leave for the Defence to raise any such issue during the trial, at the time the Prosecution seeks to present such items into evidence;
  4. the issues raised in the Motion to compel production of witness’ statements and the Motion for Prosecution to elect theory or dismiss are well-established in the jurisprudence of the International Tribunal and no new issues are raised; the Motions are therefore denied;
  5. the Motion to strike aliases from the indictment is granted and the Prosecution shall prepare a corrected version of the indictment for use in these proceedings.


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


Richard May


Dated this nineteenth day of March 1999

At The Hague

The Netherlands

[Seal of the Tribunal]