Case No. IT-95-13/1-PT


Before: Judge Carmel Agius, Pre-Trial Judge

Registrar: Mr. Hans Holthuis

Decision of: 02 September 2002





The Office of the Prosecutor:

Ms. Hildegard Uertz - Retzlaff
Mr. Mark J. McKeon
Mr. Jan Wubben

Counsel for the Accused:

Mr. Miroslav Vasic


I, Carmel Agius, Judge 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 ("Tribunal"), ex officio,

HAVING BEEN DESIGNATED Pre-Trial Judge in the present matter by the "Order Appointing a Pre-Trial Judge" issued by Trial Chamber II of the Tribunal on 16 May 2002;

DESIRING to regulate the filing of and responses to motions in this matter,

NOTING the international character of this Tribunal on the one side, and the legal environment the accused and his lead counsel are familiar with on the other,

CONSIDERING that expediency forms part of the concept of fair trial,

TAKING INTO ACCOUNT the accused's right "to defend himself in person", pursuant to Article 21(4)(d) of the Statute of the Tribunal, enshrined as well in Article 14(3)(d) of the International Covenant on Civil and Political Rights and in Article 6(3)(c) of the European Convention for the Protection of Human Rights and Fundamental Freedoms,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the Tribunal ("Rules"),

HEREBY ORDER as follows:

  1. Subject to the terms of this Order, no written motion may be filed on a "confidential" basis unless the Pre-Trial Judge or another Judge of the Trial Chamber grants leave for it to be so filed. Applications for leave must be made in writing, stating the basis for the application. They may be filed on an ex parte basis. The following filings are, however, excluded from the requirement that leave be sought before they may be filed on a "confidential" basis:
    1. all ex parte applications, whatever their nature;
    2. all applications that relate to ongoing investigations, pending indictments and sealed indictments;
    3. all inter partes applications for witness protection concerning specific persons; and
    4. all responses to confidential motions and all applications that relate to decisions of the Trial Chamber concerning confidential motions or hearings;

  1. The party filing a written motion shall include a draft order for relief with each motion submitted to the Trial Chamber;
  2. Unless specifically ordered otherwise, the party receiving a written motion has fourteen calendar days from the date that the motion was filed to file its response, if any;
  3. A party must seek, in writing, and be granted leave to file a reply or a supplement to a previous filing prior to the filing of such further responses. Time limits in which to file such a reply or supplement shall be set by the Trial Chamber;
  4. There will be no oral argument on the motion unless specifically requested by counsel for either party and approved by the Trial Chamber, taking into account the need to ensure a fair and expeditious trial;
  5. If extraordinary circumstances so demand, the parties may address the Trial Chamber directly (ex parte), orally or in writing. The other party will be informed of this as soon as practicable, ex officio; and
  6. Throughout the proceedings, the accused will enjoy the right to request to be heard in person by the Trial Chamber. Rule 84 bis (A) and (B) apply correspondingly. This right is granted from the outset whenever a witness has finalised his or her testimony and at the end of a party’s presentation of a case, notwithstanding further rights of the accused, as laid down in the Statute and Rules, and notwithstanding other directives of the Trial Chamber if the interests of justice so demand. The right to speak himself is only an option for the accused. It is his own choice whether or not to make use of it in general or from time to time, or to make use of his right to remain silent. However, he should always be aware that whatever he says in the courtroom may be held against him.


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

Carmel Agius
Pre-Trial Judge

Dated this second day of September 2002,
At The Hague
The Netherlands

[Seal of the Tribunal]