CROATIAN REP SPEAKS ABOUT TRIBUNAL SUBPOENAS FOR CROATIA

THE HAGUE, March 19 (Hina) - Advisor for the main headquarters of the Croatian armed forces, Major Stjepan Udiljak, on Friday spoke before the International Criminal tribunal for the former Yugoslavia (ICTY) about why Croatia's national security prevented it to fulfil subpoenas requiring it to present evidence to the Tribunal. Udiljak spoke in a closed session before the trial chamber handling the trial against Bosnian Croat Tihomir Blaskic. Croatia's legal representative at the Tribunal, US attorney David Rivkin, said the hearing focused on Croatia's cooperation with the ICTY and a detailed account of what Croatia has so far submitted to the court, as well as reasons for it not submitting to the Tribunal certain kinds of documents. Croatia, as every other sovereign country, has the right to protect its national security, Rivkin said. A discussion on the issue will continue in April, he added. At the beginning of 1997, the Tribunal chairwoman, Gabrielle Kirk McDonald, issued to Croatia and the then Defence Minister, Gojko Susak, two subpoenae duces tecum, requiring evidence. The same subpoenas were issued for the Republic of Bosnia-Herzegovina and the Herzeg-Bosnia Defence Ministry archives, which were rescinded following an appeal. It was concluded that such subpoenas can only be forwarded to individuals, not a sovereign state or its official. The trial chamber must decide whether there are sufficient national security reasons for a state to refuse requests for evidence, sent by the ICTY. They subsequently must inform the UN Security Council about their findings. (hina) lml