Case No.: IT-98-33-T


Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Mr. Hans Holthuis

Decision of:
27 April 2001







The Office of the Prosecutor:

Mr. Mark Harmon

Defence Counsel:

Mr. Nenad Petrusic


TRIAL CHAMBER I (hereinafter "the 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 (hereinafter the "Tribunal"),

NOTING the Prosecutionís Motion of 24 April 2001 to re-open the Prosecutorís case for the purpose of introducing fresh evidence (hereinafter the "Motion"),

NOTING the Preliminary Response of the Defence dated 26 April (hereinafter, the "Response") as well as the Defence Motion of the same day for disclosure of sealed pleadings and orders (hereinafter, the "Defence Motion"),

PURSUANT to Articles 20 and 21 of the Statute of the Tribunal and Rules 54, 85, 86 and 89 of the Rules of Procedure and Evidence of the Tribunal,

CONSIDERING that the issues raised by the Motion, the Response and the Defence Motion touch upon, in particular, the due diligence of the Prosecution in the presentation of its case as well as to whether the probative value of the evidence the Prosecution seeks to have admitted is outweighed by the need to ensure a fair and expeditious trial,

CONSIDERING further that the Motion, the Response and the Defence Motion being filed under seal, the Trial Chamber will merely note here that the resolution of the issues raised appear to be, on the face of the documents attached to the Motion and the Response of the Defence, of some importance for the case,

CONSIDERING, thus, that the issues pending are such that the Trial Chamber is not in a position to make a ruling by the date that was set for the filing of the final briefs of the parties, i.e., today, nor before the date scheduled for the beginning of the final pleas in this case, i.e., 1 May 2001,

CONSIDERING that it is in the interests of justice to allow some time for the parties to exchange their arguments in this matter,

CONSIDERING however that it is the duty of the Trial Chamber to ensure that the accused receives a trial which is not only fair but expeditious,


VACATES its decision that the final briefs be filed today and that the closing arguments be presented from 1 to 4 May 2001,

RESERVES its decisions regarding the Motion and the Defence Motion,

ORDERS the Defence to file its Final Response to the Motion no later than 4 May 2001,

REQUESTS the Registrar to provide immediately the Chamber, on an ex partibus basis and under seal, with the Motion referred to in paragraph 3 b. of the Defence Motion and with the corresponding Order referred to in paragraph 4 of the same Defence Motion,

STATES that it is in the interest of justice to schedule that the final briefs be filed no later than 29 May 2001 and that the closing arguments be presented from 5 to 8 June 2001,


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

Done this twenty-seventh day of April 2001
At The Hague
The Netherlands

Almiro Rodrigues
Presiding Judge

[Seal of the Tribunal]