Before:Judge Lal Chand Vohrah, Presiding
Judge Wang Tieya
Judge Rafael Nieto-Navia
Judge David Anthony Hunt
Judge Mohamed Bennouna

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
25 March 1999



Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"




The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Michael Blaxill

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, Mr. Zelimir Par, for Vlatko Kupreskic
Mr. Luko Susak, Ms. Goranka Herljevic, for Drago Josipovic
Mr. Petar Puliselic, Ms. Nika Pinter, for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic


This Appeals 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");

NOTING the request of the Defence Counsel for Dragan Papic ("the Defence") for leave to appeal against Trial Chamber II’s oral decision of 24 February 1999 ("the Request" and "the Oral Decision" respectively), to which an appeal against the Oral decision was attached ("the Appeal"), filed on 25 February 1999;

NOTING that Trial Chamber II in the Oral Decision, in the absence of one of its members due to illness, decided to proceed with the hearings of certain Defence witnesses in accordance with the procedure laid down in Rule 71 of the Rules of Procedure and Evidence ("the Rules");

NOTING the decision by a Bench of the Appeals Chamber of 12 March 1999, in which leave to appeal was granted on the ground that the Request raised issues pertaining to the interpretation and application of Sub-rules 15(E) and (F) and Rule 71 of the Rules which were held to be of general importance to the proceedings before the International Tribunal;

CONSIDERING that the Request, with the attached Appeal, does not with sufficient clarity indicate the relief that is being sought, and that there is a need for clarification by the Parties;


    1. the Parties to submit written briefs by 6 April 1999, addressing the question of whether the Oral Decision was contrary to the Statute or the Rules of the International Tribunal or to the right of a fair trial under international standards of human rights;
    2. the Defence to clearly indicate in its written brief the relief that is being sought ; and
    3. the Appeals Chamber may thereafter decide the Appeal without receiving further submissions from the Parties.


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


Judge Lal Chand Vohrah

Dated this twenty-fifth day of March 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]