Judge David Hunt, Presiding Judge
Judge Florence Ndepele Mwachande Mumba
Judge Liu Daqun

Mrs Dorothee de Sampayo Garrido-Nijgh

Order of:
19 September 2000







The Office of the Prosecutor:

Ms Joanna Korner
Ms Anna Richterova
Ms Anne Sutherland

Counsel for the Accused:

Mr John Ackerman for Radoslav Brdanin
Maître Xavier de Roux, Maître Michel Pitron for Momir Talic


THIS TRIAL CHAMBER of the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("Tribunal");

NOTING the "Decision on Motion by Prosecution for Protective Measures" issued by this Trial Chamber on 3 July 2000 ("Decision on Protective Measures") as varied by the Order of the Trial Chamber of 20 July 2000, in which the Trial Chamber ordered that the Prosecutor is required to comply, on or before 31 July 2000 at 4.00 p.m., with her obligations under Rule 66(A)(i) of the Rules of Procedure and Evidence to supply to the accused unredacted copies of the supporting material which accompanied the indictment when confirmation was sought and of all prior statements obtained by her from the accused, provided that unredacted copies of any specific statements or other materials which are the subject of a protective measures motion filed within that period need not be disclosed until that motion is disposed of by the Trial Chamber, and subject to the terms of any order made upon the motion ("Order on Rule 66(A)(i) Disclosure");

NOTING further the "Second Motion for Protective Measures for Victims and Witnesses" filed confidentially by the Office of the Prosecutor ("Prosecution") on 31 July 2000 in which the Prosecution stated that they had been unable to contact witnesses numbered 7.1, 7.15, 7.19, 7.24, 7.28 and 7.47 ("specified witnesses"), whose statements formed a part of the supporting material for the amended indictment, and requested an extension of the time limit in the Order on Rule 66(A)(i) Disclosure until 31 August 2000 to contact these individuals to ascertain their security concerns for the purpose of ascertaining whether it would be necessary to apply for protective measures on their behalf;

BEING SEISED of the "Prosecution’s Request for Leave Not to Disclose the Identity of Certain Individuals", filed on 31 August 2000, ("Prosecution Request") in which the Prosecution requests leave not to disclose the identity of certain of the specified witnesses until it has had a further opportunity to contact the witnesses to ascertain their security concerns;

NOTING that Prosecution Request states that it has ascertained that it is necessary to see witness numbered 7.1 in person to discuss the relevant matters and that leave is therefore requested until 10 October 2000 to either file an appropriate motion in relation to that witness or disclose the unredacted statement;

NOTING that the Prosecution Request states that it has been unable to contact the witnesses numbered 7.15, 7.19 and 7.24, possibly due to the holiday season, and requests until 21 September 2000 to file the appropriate motion or disclose the unredacted statements;

NOTING that the Prosecution Request seeks leave not to disclose the identity of witness numbered 7.47, who is the subject of protective measures orders issued by other Trial Chambers, for reasons explained in an ex parte attachment;

NOTING the "Response to Prosecutor’s Confidential Third Motion for Protective Measures and Request for Leave Not to Disclose the Identity of Certain Individuals" filed on behalf of Radoslav Brdanin (“Brdanin”) on 6 September 2000 in which counsel for Brdanin states that his client has no objection to the Prosecution being granted until 10 October 2000 to resolve the issues with respect to the witnesses listed in the Prosecution Request;

NOTING the "Response to the Prosecution’s Request for Leave Not to Disclose the Identity of Certain Individuals Dated 31 August 2000” filed by counsel for Momir Talic (“Talic”) on 8 September 20001 in which counsel for Talic

i. opposes the grant of an extension of time in respect of witnesses numbered 7.1, 7.15, 7.19 and 7.24 as he is of the opinion that the Prosecutor has had sufficient time to contact the relevant witnesses and that the grant of an extension would impede him in preparing the defence case, and
ii. opposes the grant of the measures requested in respect of the witness numbered 7.47 as it is not in a position, due to the ex parte nature of the attachment filed in respect of that witness, to know whether there are exceptional circumstances which would justify the measures sought;

CONSIDERING that it is appropriate to allow the short period of time requested to enable the Prosecution to make contact with witnesses 7.1, 7.15, 7.19 and 7.24 in order to ascertain the precise scope of the protective measures, if any, for which it believes it may be necessary to apply in respect of those witnesses;

CONSIDERING that the matters referred to in the ex parte attachment to the Prosecution Request indicate that the Prosecution should have the opportunity to resolve the issues relating to witness numbered 7.47 by the end of September;

HEREBY ORDERS THAT the Order on Rule 66(A)(i) Disclosure in paragraph 2 of the Decision on Protective Measures is varied to extend the time for compliance in respect of the witness numbered 7.1, 7.15, 7.19, 7.24 and 7.47 until 10 October 2000 at 4 p.m.


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


Judge David Hunt
Presiding Judge

Dated this 19th day of September 2000
At The Hague
The Netherlands

[Seal of the Tribunal]

1. English translation filed 13 September 2000.