Before: Judge Mohamed Shahabuddeen, Presiding

Judge Antonio Cassese

Judge Wang Tieya

Judge Rafael Nieto-Navia

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 24 September 1998








The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Michael Keegan 

Counsel for the Appellant:

Mr. Milan Vujin
Mr. John Livingston


THE APPEALS CHAMBER of the International Criminal Tribunal for the former Yugoslavia ("International Tribunal"),

NOTING the Ex parte Request For Hearing On Defence Harassment And Intimidation Of Potential Witnesses filed by the Office of the Prosecutor ("Prosecution") on 10 September 1998 ("Request for Hearing"), seeking various forms of relief, including a closed session hearing on the issues raised in its Request for Orders Regarding Defence Harassment And Intimidation Of Potential Witnesses, also filed on 10 September 1998 ("Request for Orders"),

CONSIDERING the gravity of the allegations contained in the two Requests and the obligations of the International Tribunal with regard to the protection of victims and witnesses as provided by Article 22 of the Statute of the International Tribunal and Rule 75 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),

HEREBY GRANTS the Request for Hearing in part and ORDERS AS FOLLOWS:

  1. a closed session hearing on the Request for Orders shall be held on 9 October 1998 at 3 p.m., at which both parties are to be represented;
  2. the Registry shall serve the Request for Orders and the confidential Attachment thereto on the Defence simultaneously with the service of this Order; and
  3. the accused, Defence counsel and their agents shall not disclose the confidential Attachment A attached to the Request for Orders or its contents to any person or organization until further order of this Chamber.

All other requests for relief sought by the Prosecution in the Request for Hearing are HEREBY DENIED.


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


Mohamed Shahabuddeen


Dated this twenty-fourth day of September 1998

At The Hague

The Netherlands

[Seal of the Tribunal]