IN TRIAL CHAMBER II

Before: Judge David Hunt, Pre-Trial Judge

Registrar: Mrs Dorothee de Sampayo Garrido-Nijgh

Order of: 29 February 2000

PROSECUTOR

v

RADOSLAV BRDANIN
MOMIR TALIC

___________________________________________________

SCHEDULING ORDER

___________________________________________________

The Office of the Prosecutor:

Ms Joanna Korner
Mr Michael Keegan
Ms Anne Sutherland

Counsel for the Accused:

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

 

I, David Anthony HUNT, Pre-Trial Judge of Trial Chamber II of the International Criminal for the Former Yugoslavia;

NOTING the Confidential Motion for Protective Measures filed by the Office of the Prosecutor ("Prosecution") on 10 January 2000 ("Motion");

NOTING the Response to Prosecutor’s Motion for Protective Measures filed by counsel for Radoslav Brdanin on 25 January 2000 and the Response to the Prosecutor’s Motion for Protective Measures dated 10 January 2000, filed by counsel for Momir Talic on 1 February 2000 which both opposed certain of the protective measures sought by the Prosecution;

NOTING the Scheduling Order on the Confidential Prosecution Motion for Protective Measures of 10 January 2000, issued by the Pre-Trial Judge on 27 January 2000, in which the Prosecution was ordered to elaborate further on the need for certain of the protective measures sought in the Motion and pursuant to which the confidentiality of the Motion was lifted;

NOTING the confidential memorandum dated 31 January 2000 from James Stewart, Chief of Prosecutions, to the Pre-Trial Judge which requested that the order lifting the confidentiality of the Motion be rescinded and that an oral hearing of the Motion be held, which memorandum was subsequently filed on a confidential basis on 4 February 2000;

NOTING the Variation of the Scheduling Order of 27 January 2000 issued by the trial Chamber on 2 February 2000 ("Variation Order") in which the Pre-Trial Judge stayed the order which lifted the confidentiality of the motion;

NOTING the Prosecution Request for Leave to File its Further Submissions to its Motion for Protective Measures on a Confidential Basis, filed on 4 February 2000 and the leave, granted orally by the Pre-Trial Judge on 7 February 2000, to file the further submissions confidentially;

NOTING the Further and Better Particulars of "Motion for Protective Measures" filed by the Prosecution on 8 February 2000;

NOTING the Response of General Talic to the Further Particulars Provided by the Prosecutor Relating to the Motion for Protective Measures, filed on 10 February 2000, the English translation of which was filed only on 25 February 2000 due to an administrative misunderstanding within the Tribunal;

NOTING the Response to Prosecutor’s Confidential Further and Better Particulars of "Motion for Protective Measures" filed by counsel for Radoslav Brdanin on 14 February 2000;

NOTING the Prosecution’s Memorandum filed on 15 February 2000 in which the Prosecution requests an oral hearing in lieu of seeking leave to respond to the responses of both counsel for both Radoslav Brdanin and Momir Talic (“the accused”), which hearing would also dispose of other outstanding motions;

CONSIDERING that in the Variation Order the Pre-Trial Judge expressed the view that matters to be considered at an oral hearing of the Motion would include, "in addition to the substantive requests made in the Motion, the fundamental question as to whether any party has the right without leave to file a document on a confidential basis simply by labelling it ‘confidential’ ";

CONSIDERING that it is unnecessary for an oral hearing to be held in relation to any other motions presently before the Trial Chamber;

NOTING Rule 33(B) of the Rules of Procedure and Evidence of the Tribunal which provides that the Registrar, in the exercise of his or her functions, may make representations to Chambers on any issue arising in the context of a specific case which affects or may affect the discharge of such functions;

CONSIDERING that the issue of:

(a) whether a party has the right without leave to file a document on a confidential basis simply by labelling it ‘confidential’, or

(b) whether there should be a requirement that any party wishing to file a document on a confidential basis (other than one seeking protective orders for specific persons) must first, on an ex parte basis and before filing it, seek leave from the Pre-Trial Judge to do so on such a basis is a matter which may affect the discharge of the functions of the Registrar ("confidential filing issue");

HEREBY ORDERS that an oral hearing be held before the Trial Chamber in closed session at 10.00 am on Friday 24 March 2000 in relation to the Motion and the confidential filing issue;

GRANTS LEAVE to the Registrar (if she wishes to do so) to file written submissions pursuant to Rule 33(B) on the confidential filing issue by 15 March 2000, and to the Prosecution and the accused to file responses to any such submissions within seven days of the receipt of such submissions.

 

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

_________________________
Judge David Hunt
Pre-Trial Judge

Dated this 29th day of February 2000
At The Hague


The Netherlands

[Seal of the Tribunal]