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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 ("the International Tribunal"),

BEING SEISED OF a "Prosecutor’s motion to enlarge time concerning BCS translations" filed by the Office of the Prosecutor ("Prosecution") on 24 March 1999, seeking a further extension of time in which to provide witness statements in a language the accused understands, together with the "Defence response to the Prosecutor’s motion to enlarge time concerning BCS translations" filed by the Defence for the accused, Dario Kordic, and the Notice of Joinder filed on behalf of the accused, Mario Cerkez, (together "the Defence"), both filed on 30 March 1999,

NOTING the Order of this Trial Chamber made at the Pre-Trial Conference on 11 March 1999 for all witness statements to be disclosed in a language the accused understands by 6 April 1999 and that any statements not so disclosed may be considered for exclusion during the course of the case,

NOTING the previous Orders and Decisions of this Trial Chamber concerning access by the Defence to the transcripts of both public and closed session testimony in other related cases, pursuant to which the Defence has been, or is in the process of being, provided with copies of the relevant transcripts,

NOTING the date of 12 April 1999 set for the commencement of trial in this matter,

NOTING with concern that only eighteen witnesses are being called for the first six weeks of the trial and bearing in mind the current situation in the former Yugoslavia,

CONSIDERING Article 21, paragraph 4(b), of the Statute of the International Tribunal of the International Tribunal which guarantees to the accused "adequate time and facilities for the preparation of his defence",

PURSUANT TO Rules 54 and 66 (A) of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),

HEREBY INSTRUCTS the Prosecution to use its best endeavours to ensure that no time is wasted through the absence of witnesses and ORDERS as follows:

1. the Prosecution shall by Tuesday 6 April 1999 disclose to the Defence, in a language the accused understand, the witness statements of the first eighteen witnesses to be called by the Prosecution, whether the translations be in revised or unrevised format;
2. the Defence shall notify the Trial Chamber by Monday 12 April 1999 whether it anticipates that it will require any additional time following the direct examination of each of these eighteen witnesses to prepare for cross-examination and the length of time required;
3. the Prosecution shall by Tuesday 6 April 1999 disclose to the Defence all other witness statements available to it at that time in a language that the accused understand, whether the translations be in revised or unrevised format;
4. the Prosecution shall by Tuesday 6 April 1999 provide the Trial Chamber and the Defence with a schedule of all witness statements for which translations into a language the accused understands have not been provided, for further consideration by the Trial Chamber;
5. the Prosecution shall complete disclosure to the Defence of all other statements of witnesses it intends to call in this case no later than Monday 17 May 1999;
6. the transcripts of the prior testimony of witnesses do not have to be provided in a language the accused understand unless such transcripts are being used by the Prosecution in lieu of witness statements;
7. the Defence may in any event approach the Registry of the International Tribunal for access to the video- or audio-recordings of the testimony of such witnesses in a language the accused understand.
8.  

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

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Richard May
Presiding

Dated this first day of April 1999
At The Hague
The Netherlands

[Seal of the Tribunal]