_________________________________

THE TRIAL CHAMBER,

HAVING CONSIDERED the Preliminary Motion filed by counsel for the accused, Slavko Dokmanovic, (the "Defence") on 7 July 1997, as amended on 8 July 1997 (Official Record at Registry Page Number ("RP") D113-116) (the "Legality of Arrest Motion"), in which the Defence raised a number of issues in addition to the legality of the arrest, including a request for separate trial, a challenge to the form of the indictment and a request for return of property taken from the accused;

HAVING CONSIDERED the filings made thereafter by both parties relating to these additional issues;

HAVING CONSIDERED the Preliminary Motion filed by the Defence on 8 July 1997 (RP D127-128) seeking access to all material and evidence in the Rule 61 proceeding held in relation to the three other joint accused in March 1996 and the response of the Office of the Prosecutor ("the Prosecution") filed on 21 July 1997;

HAVING FURTHER CONSIDERED the "Preliminary Motions by Accused" (RP 393-397) filed by the accused personally, not through his counsel, on 7 August 1997 contesting the decision of the Registrar to deny the accused assignment of counsel paid for by the International Tribunal and, in addition, objecting to certain restrictions upon the accused’s right to receive visitors in the Detention Unit of the International Tribunal, seeking the return of certain property belonging to the accused and requesting translations of Prosecution evidence into the language of the accused;

HAVING FURTHER CONSIDERED the filings made thereafter by both parties and by the Registrar of the International Tribunal relating to these further additional issues;

HAVING HEARD the arguments of the parties at a public hearing held on 5 September 1997,

NOTING that separate Decisions will be entered by the Trial Chamber concerning the Legality of Arrest Motion and the challenge to the denial of assignment of counsel;

NOTING that the requests for the return of property taken from the accused, the request for the material from the Rule 61 proceeding and the objection to restrictions upon the accused’s right to receive visitors have been resolved between the parties, or by discussion between the Defence and the Registrar of the International Tribunal;

NOTING that the attention of the Defence has been drawn to the Decision on Defence Application for Forwarding the Documents in the Language of the Accused entered on 25 September 1996 in Case No. IT-96-21, Prosecutor v. Zejnil Delalic, Zdravko Mucic, Hazim Delic and Esad Landzo;

NOTING FURTHER that the Defence challenge to the form of the indictment contained in the Legality of Arrest Motion was withdrawn by the Defence at the hearing of the Legality of Arrest Motion on 8 September 1997,

PURSUANT TO Rules 54 and 82 of the Rules of Procedure and Evidence,

HEREBY:

1. DECLINES to rule on the request for separate trial, the request being premature; and
2. GRANTS LEAVE for the request to be revived by either party once a trial date is set.

 _______________________

Gabrielle Kirk McDonald

Presiding Judge

Dated this twenty-second day of September 1997

At The Hague

The Netherlands

[Seal of the Tribunal]