Case No. IT-01-47-PT


Judge Carmel Agius
Judge Florence Ndepele Mwachande Mumba
Judge Jean-Claude Antonetti

Mr Hans Holthuis

Decision of:
17 November 2003







The Office of the Prosecutor:

Mr Ekkehard Withopf
Mr David Re

Defence Counsel:

Ms Edina Residovic and Mr Stéphane Bourgon for Enver Hadzihasanovic
Mr Fahrudin Ibrisimovic and Mr Rodney Dixon for Amir Kubura

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 ("Tribunal"),

HAVING BEEN DESIGNATED pre-trial Judge in this matter by virtue of an order issued by Trial Chamber II on 17 October 2003,

NOTING the pre-trial conference scheduled in this matter for 28 November 2003 pursuant to Rule 73 bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules") and in accordance with the decision of Trial Chamber II dated 31 October 2003,

NOTING the proceedings at the status conference held on 6 November 2003 pursuant to Rule 65 ter of the Rules,

CONSIDERING that, in the interests of justice and judicial economy, it would be preferable for the parties to be aware of the matters that will be raised by the Trial Chamber so that they are able to respond in detail at the hearing of 28 November 2003,

Proprio motu,

ORDER as follows:

The Prosecution should be prepared to provide the Trial Chamber with an updated response on the following matters at the pre-trial conference:

  1. the number of witnesses it intends to call,

  2. the protective measures which may be sought in respect of each witness,

  3. the order in which the witnesses will be called,

  4. the estimated length of time needed for each witness not including the time required for cross-examination,

  5. the number of witness statements and transcripts of prior testimony it will seek to have admitted pursuant to Rule 92 bis of the Rules, and the proposed timetable for the submission of these documents and the examination thereof by the Chamber,

  6. the current status of the documents which must be disclosed pursuant to Rule 66(A) of the Rules, in particular those which require translation into the language of the accused,

  7. the progress made in translating into one of the working languages of the Tribunal all of the documents to be produced as exhibits during trial,

  8. the current status of disclosure of exculpatory material pursuant to Rule 68 of the Rules,

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

Done this seventeenth day of November 2003
At The Hague
The Netherlands

Pre-Trial Judge
Judge Jean-Claude Antonetti