Judge Patricia Wald

Mr. Hans Holthuis

Decision of:
23 March 2001







The Office of the Prosecutor:

Mr. Kenneth Scott

Counsel for the Accused:

Mr. Kresimir Krsnik, for Mladen NALETILIC
Mr. Branko Seric, for Vinko MARTINOVIC


I, Judge Patricia Wald, acting as Pre-Trial Judge in this matter for Trial Chamber I 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 (hereafter "Tribunal"):

NOTING that pursuant to Rule 65 bis (A) of the Rules of Procedure and Evidence of the Tribunal a Status Conference is to be held every one hundred and twenty days;

NOTING that the last Status Conference in this matter was held on 7 December 2000;

NOTING that on 10 November 2000, Trial Chamber I granted the Prosecutionís motion to take depositions for 23 named witnesses (hereafter "Decision on Depositions"), and directed the parties, in consultation with the Presiding Officer, to discuss the location of the deposition procedure, and whether or not the accused will be present during the deposition procedure;

NOTING FURTHER that in its Decision on Depositions, Trial Chamber I directed the Prosecutor to provide an estimate of the time required to examine the deposed witnesses, and the grounds upon which the deposition procedure should take place in closed session; and requested counsel for the accused to provide the Trial Chamber with an estimate of the time required to cross-examine the deposed witnesses;

NOTING that on 31 January 2001, the Appeals Chamber refused the application for leave to appeal the Decision on Depositions filed by the defence;

NOTING that in a letter to counsel for the accused dated 13 February 2001 (hereafter "Prosecutionís Letter"), a copy of which was provided to Trial Chamber I, the Prosecution provided an estimate of the time it requires to examine the deposition witnesses;

NOTING that the Prosecutionís Letter also refers to the prior disclosure made by the Prosecution to the defence of materials the Prosecution intends to introduce as trial exhibits, asks counsel for the accused to state whether they have any objections to that material, and invites the defence to make prior disclosure of intended trial exhibits to the Prosecutor;

ORDER that a Status Conference be held on Monday 2 April 2001 at 4pm;

ORDER that the parties be prepared to discuss the following matters at the Status Conference:

  1. The current status of the partiesí negotiations regarding the deposition procedure;
  2. How long counsel for the accused will require for the cross-examination of the deposed witnesses;
  3. The grounds on which the Prosecution claims the depositions should take place in closed session;
  4. Whether the defence has any objections to the proposed trial exhibits disclosed by the Prosecutor to date;
  5. Whether the defence has given consideration to providing reciprocal disclosure of defence materials in an effort to streamline the trial proceedings;
  6. Any other outstanding matters either of the parties wishes to raise.


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


Dated this 23rd day of March 2001,
At The Hague,
The Netherlands

Patricia M. Wald
Pre-Trial Judge


[Seal of the Tribunal]