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Krajina, Prosecutor v. Brdanin, Variation of Scheduling Order of 27 January 2000, IT-99-36 (ICTY TC, Feb. 02, 2000)

IN TRIAL CHAMBER II

Before: Judge David Hunt, Pre-Trial Judge

Registrar: Dorothee de Sampayo Garrido-Nijgh

Order of: 2 February 2000

PROSECUTOR

v.

RADOSLAV BRDANIN
MOMIR TALIC

_________________________________________________________________

VARIATION OF SCHEDULING ORDER OF 27 JANUARY 2000

_________________________________________________________________

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 in this case;

NOTING the Prosecution’s confidential "Motion for Protective Measures" of 10 January 2000 ("Motion");

NOTING the terms of the "Scheduling Order on the Confidential Prosecution Motion for Protective Measures of 10 January 2000" issued by the Trial Chamber on 27 January 2000 ("Scheduling Order"), and particularly Order 3 which lifted the confidentiality of the Motion,

NOTING a "confidential" memorandum from James Stewart, Chief of Prosecutions, to the Pre-Trial Judge ("Memorandum") which requests that the order lifting the confidentiality of the Motion be rescinded and that an oral hearing of the Motion be held;

CONSIDERING that the matters to be considered at such a hearing 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";

DIRECTS the Prosecution to file the Memorandum so that it may be served on the other parties to this proceeding;

GRANTS LEAVE to the Prosecution to file the Memorandum on a confidential basis;

HEREBY ORDERS that:

1. Order 3 of the Scheduling Order be stayed until further order; and

2. Any response of the accused Brdanin and Talic to any further submissions filed by the Prosecution pursuant to Order 1 of the Scheduling Order be filed within seven days of the receipt of those submissions.

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

________________________
Judge David Hunt
Pre-Trial Judge

Dated this second day of February 2000
At The Hague
The Netherlands

[Seal of the Tribunal]

   

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