Before: Judge Richard May, Presiding

Judge Antonio Cassese

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 9 December 1998









The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Michael Keegan
Ms. Ann Sutherland

Counsel for the Accused:

Mr. Dusan Vucicevic
Mr. John Ostojic


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"),

BEING SEISED OF a "Request For A Hearing On The Issue Of Defence Non-compliance With Trial Chamber Orders For Non-disclosure And Violation Of The Decision On Prosecution Motion To Protect Victims And Witnesses" filed by the Office of the Prosecutor ("Prosecution") on 2 November 1998 ("the Request for Hearing"),

NOTING the response filed by counsel for the deceased accused on 4 December 1998,

NOTING the Order of the Trial Chamber of 24 August 1998 terminating the proceedings in this case due to the death of the accused, in which the Trial Chamber reminded the parties that the Orders and Decisions for Protective Measures issued by the Trial Chamber in this matter remain in force,

CONSIDERING that counsel for the deceased accused has responded to the allegations raised in the Request for Hearing concerning a possible breach of the Order for Non-disclosure issued by the Trial Chamber on 3 July 1998 by indicating that he wishes "to comply immediately with your order to return ITN tapes", subject to receiving instructions as to how to accomplish this, and confirming that no copies have been made thereof,

CONSIDERING that, with regard to the alleged breach of the Decision on Protective Measures issued by the Trial Chamber on 12 May 1998, counsel for the deceased accused has responded by asserting: "Effective with the dates when the all protective orders are entered I have not made any copies nor communicated to any person the names of any prosecution witness or statements or parts thereof given to the Prosecutor that was not heretofore made public during a trial testimony" and that "I have only distributed transcripts of the testimony of the witnesses from SnameC case to my experts and investigators in Bosnia",

PURSUANT TO RULES 54 and 75 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

HEREBY REFUSES THE REQUEST FOR HEARING AND ORDERS counsel for the deceased accused to return the three ITN videotapes to the Prosecution immediately, by courier and for the account of the International Tribunal, and to provide to the Trial Chamber, within seven days of the date hereof, confirmation of the return of the tapes.


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


Richard May

Presiding Judge

Dated this ninth day of December 1998

At The Hague

The Netherlands

[Seal of the Tribunal]