THIS TRIAL CHAMBER 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 ("the International Tribunal"),

NOTING the confidential "Scheduling Order" issued by the Trial Chamber on 10 June 1999 ("the First Scheduling Order"), containing protective measures which all parties are reminded remain in place, as well as other matters,

NOTING ALSO the "Scheduling Order in the Matter of Allegations against Milan Simic and his Counsel” dated 7 July 1999 (“the Second Scheduling Order”), in which the Trial Chamber found that it did not have good reason to believe that Mr. Igor Pantelic may be in contempt of the International Tribunal, but that it did have good reason to believe that the accused Milan Simic and his counsel Mr. Branislav Avramovic may be in contempt, and granting liberty to the Office of the Prosecutor (“Prosecution”) and each accused (other than Milan Simic) to appear at any hearing on the allegations of contempt as concerned parties, as well as setting out particulars of the allegations and preliminary procedures for filings in this matter,

NOTING the Responses of the parties pursuant to the Second Scheduling Order,

NOTING the Notice to the Trial Chamber filed by Mr. Avramovic on 21 July 1999 (“the First Avramovic Notice”), in which he identifies a number of matters of substantive and procedural law which he may wish to raise for consideration by the Trial Chamber,

NOTING the Notice to the Trial Chamber filed by Mr. Avramovic on 29 July 1999 (“the Second Avramovic Notice”), in which he brings to the attention of the Trial Chamber various particulars as to the redaction of dates of the witness statements served upon him and alleges possible misconduct and or interference with the administration of justice and asks that certain members of the Prosecution be required to give statements in connection with this matter,

NOTING the Order for Protective and Other Measures issued by the Trial Chamber on 30 July 1999,

NOTING the Further Notice to the Trial Chamber filed on 3 September 1999 on behalf of Mr. Avramovic and the accused Milan Simic ("the Joint Notice") which includes a request for an order directing the Prosecution and their agents and representatives to refrain from disclosing any information contained in any witness statement or document filed by the Defence to any person or organization until further order of the Trial Chamber, and the response of the Prosecution thereto filed on 14 September 1999,

NOTING the “Notice of Mr. Branislav Avramovic Notifying the Trial Chamber of the change of his counsel” filed on behalf of Mr. Avramovic on 3 September 1999 in which Mr. Avramovic informs the Trial Chamber that he is to be represented by Mr. Peter Haynes, counsel for the accused, Milan Simic, and that: "Following a consultation with Mr. Simic on 1 September 1999 and a further consultation with Mr. Avramovic on 2 September 1999, Mr. Haynes does not believe the interests of either respondent are in conflict”,

NOTING ALSO the "Prosecution’s Request for order granting limited access to Registry files" filed on 8 September 1999 and the various responses of the parties thereto, including the response from the Registrar of the International Tribunal to the Trial Chamber filed on 9 September 1999 and the Responses on behalf of Mr. Avramovic and the accused Milan Simic, filed on 16 September 1999, proposing an alternative procedure for access to the information sought by the Prosecution ("the Alternative Proposal"),

CONSIDERING that, without prejudice to the general power of the Trial Chamber to control the manner and conduct of proceedings in this matter, it would be useful for all parties to be apprised in advance of the procedure to be followed at the hearing of this matter,

PURSUANT TO Rules 54 and 77 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY ORDERS as follows:

1. Not less than seven days prior to the hearing of this matter, that is, by Wednesday 22 September 1999, Mr. Avramovic, the accused Milan Simic and all concerned parties shall each file a notice identifying the witnesses whom they wish to call in this matter, indicating the order in which those witnesses are to be heard and submitting written statements in one of the working languages of the International Tribunal for any witness for whom such statements have not yet been submitted;

2. the Prosecution shall file its response to the Second Avramovic Notice by Wednesday 22 September 1999;

4. Mr. Peter Haynes shall provide a statement to the Trial Chamber no later than Friday 24 September 1999 confirming that he has considered the matter of his representing both Mr. Avramovic and the accused Milan Simic in these proceedings, that he has considered thoroughly the Code Of Professional Conduct for Defence Counsel appearing before the International Tribunal, and that he sees no prospect of any conflict of interest arising out of his representation of both respondents, together with signed statements from the accused Milan Simic, confirming his full and informed consent to the representation of Mr. Avramovic by Mr. Haynes, and from Mr. Avramovic, confirming his full and informed consent to the representation of Milan Simic, by Mr. Haynes;

5. the Registrar of the International Tribunal is invited to submit her comments on the Alternative Proposal for access to information that may be contained in the Registry files of the International Tribunal for consideration by the Trial Chamber by Friday 24 September 1999,

6. At the hearing commencing on Wednesday 29 September 1999 at 9.30 a.m., the procedure for the hearing of these proceedings, subject to the discretion of the Trial Chamber, will be as follows:

a. the allegations against Mr. Avramovic and the accused Milan Simic will be read out;
b. The Presiding Judge will call upon Mr. Avramovic and the accused Milan Simic to say whether they admit or reject any or all of the allegations made against them;
c. The Prosecution will then call its witnesses in the order identified to the Trial Chamber pursuant to operative paragraph (1) of this Order above;
d. Without prejudice to the right of the Trial Chamber to ask questions of the witness at any stage of the proceedings, each of these witnesses may be asked questions by -

1. the Prosecution, on behalf of the Trial Chamber, as evidence in chief;
2. the other concerned parties, by way of cross-examination;
3. Mr. Avramovic, by way of cross-examination;
4. the accused Milan Simic, by way of cross-examination; and
5. the Prosecution, by way of re-examination;

e. If witness statements are filed on behalf of any of the concerned parties pursuant to operative paragraph (1) of this Order above, the Presiding Judge will then call upon the other concerned parties to call their witnesses in the order so indicated;
f. Without prejudice to the right of the Trial Chamber to ask questions of the witness at any stage of the proceedings, each of these witnesses may be asked questions by -

1. the concerned party calling the witness, as evidence in chief;
2. the Prosecution, on behalf of the Trial Chamber, by way of cross-examination;
3. the other concerned parties, by way of cross-examination;
4. Mr. Avramovic, by way of cross-examination;
5. the accused Milan Simic, by way of cross-examination; and
6. the concerned party calling the witness, by way of re-examination;

h. Mr. Avramovic and the accused Milan Simic may each testify as a witness in the proceedings if they so wish;
i. The Presiding Judge will then call upon first Mr. Avramovic and then the accused Milan Simic to call the witnesses in the order indicated pursuant to operative paragraph (1) of this Order above;
j. Without prejudice to the right of the Trial Chamber to ask questions of the witness at any stage of the proceedings, each of the witnesses to be called by Mr. Avramovic and the accused Milan Simic may be asked questions by -

1. the party calling the witness, as evidence in chief;
2. the other concerned parties, by way of cross-examination;
3. the Prosecution, on behalf of the Trial Chamber, by way of cross-examination;
4. the other respondent to the allegations, by way of cross-examination; and
5. the party calling the witness, by way of re-examination;

k. The Presiding Judge will then call for closing statements in the following order:

1. the Prosecution;
2. the concerned parties, if they so wish;
3. Mr. Avramovic; and
4. the accused Milan Simic;

7. The Prosecution is further ordered not to disclose the witness statements or the content thereof to any person or organization, other than Prosecution investigators, until further order, except to the limited extent necessary to investigate the allegations of contempt.

Further Orders may be issued as to the conduct of the proceedings.

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

________________________________
Patrick Robinson
Presiding

Dated this seventeenth day of September 1999
At The Hague
The Netherlands

[Seal of the Tribunal]