Judge David Hunt, Presiding Judge
Judge Florence Ndepele Mwachande Mumba
Judge Liu Daqun

Mrs Dorothee de Sampayo Garrido-Nijgh

Order of:
20 July 2000







The Office of the Prosecutor:

Ms Joanna Korner
Ms Anna Richterova
Ms Anne Sutherland

Counsel for the Accused:

Mr John Ackerman for Radoslav Brdanin
Maître Xavier de Roux, Maître Michel Pitron for Momir Talic


THIS TRIAL CHAMBER of the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("Tribunal");

NOTING the status conference held in these proceedings on 20 July 2000 ("Status Conference");

NOTING the "Decision on Motion by Prosecution for Protective Measures" issued by this Trial Chamber on 3 July 2000 ("Decision on Protective Measures") in which the Trial Chamber ordered, pursuant to paragraph 2 of the orders, that the Prosecutor is required to comply, on or before 24 July 2000 at 4.00 p.m., with her obligations under Rule 66(A)(i) of the Rules of Procedure and Evidence ("Rules") to supply to the accused unredacted copies of the supporting material which accompanied the indictment when confirmation was sought and of all prior statements obtained by her from the accused, provided that unredacted copies of any specific statements or other materials which are the subject of a protective measures motion filed within that period need not be disclosed until that motion is disposed of by the Trial Chamber, and subject to the terms of any order made upon the motion ("Order on Rule 66(A)(i) Disclosure");

NOTING the "Prosecution Request for an Extension of Time" filed on 6 July 2000 in which the Office of the Prosecutor ("Prosecution") requested an extension of time of one week in which to comply with the Order on Rule 66(A)(i) Disclosure ("Prosecution Request") in order to enable the Prosecution to contact the relevant witnesses to ascertain whether it is necessary to seek protective measures on their behalf;

NOTING the oral indication, given by counsel for Radoslav Brdanin (“Brdanin”) and Momir Talic (“Talic”) at the Status Conference, that they do not oppose the Prosecution Request;

CONSIDERING that it is appropriate to allow the requested extension of time to enable the Prosecution to ascertain the precise scope of the protective measures, if any, for which it believes it may be necessary to apply;

NOTING the "Motion for Access to Confidential Information" filed on behalf of Talic on 12 July 20001 in which he requests that the Registry be authorised to provide to the Talic Defence on a confidential basis confidential documents and transcripts relating to four separate Tribunal proceedings;

NOTING Rule 33(B) of the Rules which provides that the Registrar, in the exercise of her functions, may make representations to Chambers on any issue arising in the context of a specific case which affects or may affect the discharge of such functions;

CONSIDERING that the issue of the provision to the defence counsel of one accused of confidential documents relating to proceedings against another accused is a matter which may affect the discharge of the functions of the Registrar;

NOTING, as discussed in the Status Conference, that in response to a request, made by counsel for Brdanin pursuant to Rule 66(B) of the Rules, for copies of certain documents seized from within the Banja Luka municipality the Prosecution has offered to produce and provide, and counsel for Brdanin and for Talic have agreed to accept, copies of the documents electronically recorded on compact discs ("Prosecution CDs");

NOTING the request of the Prosecution, made in the Status Conference, that the Prosecution CDs be returned to the Prosecution at the conclusion of the trial and the agreement of counsel for Brdanin and for Talic to this request ;


  1. That the order in paragraph 2 of the Decision on Protective Measures is varied to extend the time for compliance with the order from 24 July 2000 at 4.00 p.m. to 31 July 2000 at 4.00 p.m;

  2. That the Registrar may, by 4.00 p.m. on Friday 4 August 2000, file written submissions pursuant to Rule 33(B) on the issue of whether access to the confidential documents to which counsel for Talic refers in the “Motion for Access to Confidential Information” should be provided to the Talic Defence on a confidential basis;

  3. BY CONSENT that the Brdanin and Talic Defence, as defined in paragraph 1 (b) of the orders made in the Decision on Protective Measures, ensure that the Prosecution CDs are returned to the Prosecution at the conclusion of the trial.

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


Judge David Hunt
Presiding Judge

Dated this 20th day of July 2000
At The Hague
The Netherlands

[Seal of the Tribunal]

1. English translation filed 18 July 2000.