Judge David Hunt, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Liu Daqun

Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
28 July 2000







The Office of the Prosecutor:

Ms Nancy Patterson
Ms Suzanne Hayden

Counsel for the Accused:

Mr Howard Morrison


THIS TRIAL CHAMBER of the International Criminal 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");

NOTING the "Motion for Protective Measures" filed confidentially by the Office of the Prosecutor ("prosecution") on 28 April 2000 ("Motion");

NOTING the "Decision Deferring Consideration of Motion for Protective Measures" issued by the Trial Chamber on 4 May 2000 in which the Trial Chamber noted that issues relating to protective measures of the kind raised in the Motion were being considered by the Trial Chamber in the proceedings of Prosecutor v Brdanin and Talic, Case No IT-94-2-PT, ("Brdanin proceedings") and ordered that the prosecution’s disclosure obligations under Rule 66 of the Rules of Procedure and Evidence ("Rules") were stayed pending the issuance of the decision in the Brdanin proceedings and that the prosecution could add to the Motion within 7 days of that decision;

NOTING that the "Decision on Motion for Protective Measures" was issued by the Trial Chamber in the Brdanin proceedings on 3 July 2000 ("Brdanin Decision");

NOTING that the prosecution did not file any further submission in relation to the Motion within seven days of the issuance of the Brdanin Decision;

NOTING the Status Conference held today pursuant to Rule 65 bis of the Rules and the prosecution’s indication at that conference that it was undertaking enquiries to ascertain the necessary scope of specific protective measures and that it would be in a position to make an application for protective measures in respect of specific persons by the end of September;

NOTING that no objection was made by counsel for Dragan Nikolic (“Nikolic”) to this proposal;


  1. That the prosecution may, before 4 p.m. on Friday 29 September 2000, file a motion for protective measures in respect of specific persons.
  2. The determination of the existing Motion will be stayed pending the filing by the prosecution of any replacement motion pursuant to paragraph 1 above or 29 September 1999, whichever is the earlier date.
  3. A response to any motion filed by the prosecution pursuant to paragraph (1) above may be filed on behalf of Nikolic within fourteen days of the filing of that motion.

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

Judge David Hunt

Dated this 28th day of July 2000
At The Hague,
The Netherlands

[Seal of the Tribunal]