Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 13 February 1998








The Office of the Prosecutor:

Mr. Mark Harmon

Counsel for the Accused:

Mr. Luke Misetic


THIS TRIAL CHAMBER of the International Tribunal for the Protection 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 a confidential Defence motion to compel production of certain documents by the Office of the Prosecution ("Prosecutor") dated 11 February 1998 (Official Record at Registry Page D68-D74) ("Motion");

NOTING the oral request of the Prosecution at a closed session status conference on 12 February 1998 for the opportunity to respond to the Motion in writing;

NOTING that at that closed session the Prosecution stated its readiness to provide material to the Trial Chamber with a view to enabling it to better manage the case and expedite proceedings;

NOTING that the Rules of Procedure and Evidence ("Rules") were amended on 12 November 1997 and that the time for filing of preliminary motions is now governed by Rule 72 (A) which provides inter alia that preliminary motions "...shall be in writing and be brought not later than sixty days after disclosure by the Prosecutor to the defence of all material and statements referred to in Rule 66 (A)...";

PURSUANT TO Rules 54, 65 bis and 72 of the Rules and in order to expedite the trial and define the issues in the trial;


1. The Prosecution shall file its Response to the Motion by 23 February 1998.

2. The Trial Chamber shall hear oral argument from the parties on the Motion at 10 a.m. on 9 March 1998.

3. The Defence request for extension of the time-limit to file preliminary motions pursuant to Rule 72 of the Rules is granted, and is extended to at least 14 days from the date on which the Decision by this Trial Chamber on the Motion is filed.

4. A closed session status conference shall be held following the hearing on 9 March 1998, to consider the state of preparedness of the Prosecution case with a view to setting a date for trial.

5. The Prosecution shall, as expeditiously as possible, supply the Trial Chamber with the following materials:

(a) the statements of witnesses and other documentary material on which the Prosecutor intends to rely at

(b) the estimated length of the examination-in-chief of the witnesses the Prosecutor intends to call; and

(c)    a pre-trial brief, setting out in full the details of the case and the points in issue.


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


Antonio Cassese

Presiding Judge

Dated this thirteenth day of February 1998

At the Hague,

The Netherlands.

[Seal of the Tribunal]