Case No. T-98-29/1-PT


Judge Jean-Claude Antonetti

Mr Hans Holthuis

Order of:
17 October 2005







The Office of the Prosecutor:

Mr Chester Stamp

Defence Counsel:

Mr Branislav Tapuskovic


I, Jean-Claude Antonetti, 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 "Tribunal");

HAVING BEEN DESIGNATED as pre-trial Judge in this case pursuant to an Order rendered by Trial Chamber II on 13 December 2004;

NOTING that Rule 65 ter(E) of the Rules of Procedure and Evidence ("Rules") provides that the pre-trial Judge, once any existing preliminary motions are disposed of, shall order the Prosecutor, within a set time-limit, to file the documents set forth in this Rule;

CONSIDERING that all the existing preliminary motions have been disposed of;

NOTING the proceedings conducted at the status conference of 12 October 2005;

HEREBY ORDER as follows:

The Prosecution shall file by 20 January 2006:

1) the final version of its pre-trial brief pursuant to Rule 65 ter(E)(i) of the Rules;

2) the list of witnesses the Prosecution intends to call, pursuant to Rule 65 ter(E)(ii) of the Rules:

2.1) the list shall contain, pursuant to Rule 65 ter(E)(ii)(a), (b), (c), (d), (e), and (f) of the Rules, the name or pseudonym of each witness; a summary of the facts on which each witness will testify; the points in the indictment as to which each witness will testify, including specific references to counts and relevant paragraphs in the indictment and pre-trial brief; the total number of witnesses and the number of witnesses who will testify against each accused and on each count; an indication of whether the witness will testify in person or pursuant to Rule 92 bis by way of written statement or use of a transcript of testimony from other proceedings before the Tribunal; and the estimated length of time for each witness and the total time estimated for presentation of the Prosecutor’s case;

2.2) the list shall also indicate the exhibits pertaining to each witness the Prosecutor intends to call;

2.3) the list shall indicate any protective measures ordered for individual witnesses, and whether they were required to testify before the Tribunal and were granted protective measures on that occasion;

3) the list of exhibits the Prosecutor intends to offer, pursuant to Rule 65 ter (E)(iii) of the Rules, stating the number of the exhibit, the title of the exhibit, the name of the source, the date of creation, references to counts and relevant paragraphs in the indictment and pre-trial brief.


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

Judge Jean-Claude Antonetti

Done this seventeenth day of October 2005
At The Hague
The Netherlands