Before:Judge Richard May

Judge Mohamed Bennouna

Judge Patrick Robinson

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 27 November 1998









The Office of the Prosecutor:

Mr. Geoffrey Nice
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott

Counsel for the Accused:

Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. Turner Smith, Mr. David Geneson and Mr. Ksenija Durkovic, for Dario Kordic
Mr. Bozidar Kovacic, for Mario Cerkez


THIS TRIAL CHAMBER 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 ("International Tribunal"),

NOTING that an amended Indictment in this matter was confirmed by Judge McDonald on 30 September 1998,

NOTING that a number of motions are now pending in this case, in particular, a Motion for Amended Protective Order and Measures to Protect Victims and Witnesses, filed by the Office of the Prosecutor ("Prosecution") on 9 October 1998 ("the Protective Measures Motion"), a Motion to Dismiss, filed jointly by the Defence on 17 November 1998, and a Motion for Separate Trial, filed on behalf of the accused, Mario Cerkez, on 23 July 1998,

NOTING the positions of the parties as stated at a closed session status conference on 26 November 1998, and


HEREBY ORDERS as follows:

  1. the Prosecution shall immediately provide the Defence with redacted copies of all witness statements that accompanied the amended indictment when confirmation was sought;
  2. all witnesses whose statements are so provided to the Defence shall enjoy the protections provided by the Order for the Protection of Victims and Witnesses issued on 27 January 1998, which continues in full force and effect;
  3. the Prosecution shall immediately provide to the Trial Chamber, and only to the Trial Chamber, copies of the redacted statements provided to the Defence, together with unredacted copies for the purposes of review of the redactions for appropriateness;
  4. the Defence is granted leave to apply to the Trial Chamber to raise issues arising from the redaction of the witness statements;
  5. time shall not commence to run under Rule 72 of the Rules of Procedure and Evidence of the International Tribunal until such time as is ordered by the Trial Chamber;
  6. consideration of all pending preliminary motions, save for the Motion for Separate Trial, is adjourned to the next status conference, without prejudice thereto;
  7. the Defence shall file its reply to the Prosecutor’s Reply to Defence Response to the Protective Measures Motion by Friday 4 December 1998;
  8. a closed session status conference shall be held on Friday 8 January 1999, commencing at 10 a.m;
  9. at that status conference, the Defence shall indicate to the Trial Chamber the nature of any preliminary motions to be filed pursuant to Rule 72 and, in order to expedite proceedings in this matter and subject to further order, shall file such motions within fourteen days of the date of the status conference, the Prosecution having a further fourteen days in which to respond.


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


Richard May


Dated this twenty-seventh day of November 1998

At The Hague,

The Netherlands

[The seal of the Tribunal]