Case: IT-00-39-T


Judge Alphons Orie, Presiding
Judge Joaquín Martín Canivell
Judge Claude Hanoteau

Mr Hans Holthuis

Order of:
9 February 2006







Office of the Prosecutor

Mr Mark Harmon
Mr Alan Tieger

Counsel for the Defence

Mr Nicholas Stewart, QC
Mr David Josse


THE CHAMBER, in the interest of the proper administration of justice,

NOTING the written submissions of the Defence filed on 8 February 2006 entitled "List of witnesses the Defence intends to call" and "Defence 65 ter summaries for Defence witnesses on February 2006 Amended List";

NOTING that the submissions list 69 witnesses with an estimated time of 531 hours for examination-in-chief;1

RECALLING the procedure and the Chamberís duties set forth in Rule 73 ter of the Rules of Procedure and Evidence, as well as the interest in a fair and expeditious trial;

REITERATING the Chamberís decision of 18 November 2005, that the Defence case must close before or on 28 April 2006,2 as well as the statements made in Court by the Chamber on 27 January3 and 30 January 20064 related to the completion of the Defence case;

CONSIDERING the loss of time to the Chamber and the Tribunal, the associated budgetary costs and the effect upon other accused persons awaiting trial arising from the recurrent delays in the hearing of evidence in the Defence phase of the case;

CONSIDERING the necessary measures required for the attendance of viva voce witnesses, especially for those witnesses who are in detention abroad;

CONSIDERING the Chamberís preference for hearing the most important and "most highly relevant witnesses";5

FURTHER NOTING that, in accordance with Rule 98 of the Rules of Procedure and Evidence, Defence witnesses not called by the time the Defence case closes may be contacted by the Chamber at its own discretion and scheduled to appear as Chamber witnesses;

HEREBY ORDERS that the Defence file on or before Wednesday 15 February 2006 a list, in order of preference based on importance and relevance, of all the witnesses it intends to call, with the expected necessary measures, if any, that the Chamber should undertake to ensure their attendance.


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

Judge Alphons Orie
Presiding Judge

Dated this 9th day of February 2006
At The Hague
The Netherlands

[Seal of the Tribunal]

1. List of witnesses the Defence intends to call, 8 February 2006.
2. Amendment to scheduling order and related remarks, 18 November 2005.
3. T. 20640.
4. T. 20727.
5. T. 20642.