Judge Antonio Cassese , Presiding
Judge Florence Ndepele Mwachande Mumba
Judge David Anthony Hunt

Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
5 January 2000







The Office of the Prosecutor:

Ms. Joanna Korner

Counsel for the Accused Brdanin:

Mr. John Ackerman

Counsel for the Accused Talic:

Maître Xavier de Roux
Maître Michel Pitron


Trial Chamber II of the International Criminal Tribunal for the Former Yugoslavia;

NOTING its decision of 4 November 1999 deferring the decision on the motion to dismiss the indictment of the accused Talic of 14 October 1999;

NOTING FURTHER the Decision of the Appeals Chamber of 16 November 1999 with regard to the co-accused Br|anin on the "Interlocutory Appeal from Decision on Motion to Dismiss the Indictment Filed Under Rule 72", as well as that of the Bench of the Appeals Chamber of 23 December 1999 denying the co-accused Br|anin leave to appeal against the Trial Chamber’s decision of 8 December 1999 on his petition for writ of habeas corpus;

AND NOTING that the Prosecutor filed an amended indictment against both accused on 16 December 1999, which was confirmed by Judge Rodrigues on 17 December 1999 and thus replaces the original indictment against the accused;

Hereby REQUIRES the accused Talic, subject to the Decision on Motion to Translate Procedural Documents into French dated 16 December 1999, to state within 7 days of receipt of this order, whether he intends to proceed with his above-mentioned motion to dismiss the indictment in the light of the decisions of the Appeals Chamber and of the Bench of the Appeals Chamber, and the fact that an amended indictment has been filed and confirmed.

If no statement is filed, the accused’s motion to dismiss the indictment will be denied.

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

Judge Hunt,
Pre-trial Judge
(at the request of the Presiding Judge)

Dated this fifth day of January 2000
At The Hague
The Netherlands

[Seal of the Tribunal]