Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
12 September 2000





The Office of the Prosecutor:

Mr. Mark Harmon
Mr. Peter W. McCloskey
Mr. Andrew Cayley

Defence Counsel:

Mr. Nenad Petrusic
Mr. Visnjic


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 (hereinafter "the Tribunal");

PURSUANT to Rules 54, 65 ter and 73 ter of the Rules of Procedure and Evidence of the Tribunal (hereinafter "the Rules");

CONSIDERING that the Prosecution completed its main case on 28 July 2000;

CONSIDERING that, during the status conference of 28 July 2000, the Trial Chamber set the deadline of 9 September 2000 for the Defence to file a motion pursuant to Rule 98 bis of the Rules; that the Defence has not filed a motion to this end;

CONSIDERING that the Trial Chamber proposed to the parties the date of 16 October 2000 for the commencement of the defence case; that it is appropriate to request the Defence to comply with the provisions of Rule 65 ter (G) of the Rules and therefore to file a list of the witnesses which it intends to call and a list of the exhibits which it intends to offer within a time-limit allowing the Trial Chamber to hold a pre-defence conference within the meaning of Rule 73 ter of the Rules.

CONSIDERING that the Defence informed the Trial Chamber of its difficulties in presenting its case during sessions which would last more than three straight weeks but that it could, nonetheless, close its main case within two sessions each lasting less than three weeks; that the Prosecutor, so informed, has no objection on this point; that it is in the interests of the proper administration of justice to set a schedule which allows the request to be satisfied when not incompatible with the organisation of the Trial Chamber’s work;

CONSIDERING that it is appropriate to anticipate that the Prosecutor might wish to present evidence in rebuttal and the Defence evidence in rejoinder; that, nevertheless, with a mind to ensuring the accused a fair and expeditious trial, it is appropriate to restrict the time which the parties would have to advance their arguments in this respect;


ORDERS the Defence to file the list of witnesses and the list of exhibits specified under Article 65 ter of the Rules by 22 September 2000 at the latest.

SETS the following schedule for the Trial Chamber’s work, without prejudice to the Trial Chamber’s right under Rule 98 of the Rules to order proprio motu the production of additional evidence where necessary:

- 27 September 2000, 15:30 hours: status conference (if required);

- 5 October 2000, 15:30 hours: pre-defence conference;

- 16 to 20 October 2000, 25 to 27 October 2000, 30 October to 3 November 2000: first defence case session;

- 20 to 24 November 2000, 27 and 28 November 2000 and 4 to 8 December 2000: second and final defence case session;

- 22 to 26 January 2001: prosecution evidence in rebuttal;

- 5 to 9 February 2001: defence evidence in rejoinder;

- 21 February 2001: filing of the parties’ final trial briefs;

- 26 February to 2 March 2001: closing arguments.

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


Done this twelfth day of September 2000
At The Hague
The Netherlands

Judge Almiro Rodrigues
Presiding Judge of Trial Chamber I

[Seal of the Tribunal]