HAGUE TRIBUNAL SUSPENDS ORDER AGAINST CROATIA IN BLASKIC CASE

THE HAGUE, Feb 19 (Hina) - Judge Gabrielle Kirk McDonald of the International + Criminal Tribunal for former Yugoslavia on Wednesday suspended an order directing + Croatia to provide evidence in the case of Tihomir Blaskic and accepted a compromise + solution proposed by Croatia that the issue be resolved informally next week. "An Order issued by Judge McDonald directing the Republic of Croatia to comply fully with a Subpoena directing it to provide evidence to the Prosecutor was + today suspended to allow the Parties to resolve the matter informally," the Tribunal + said in a statement. "In a public hearing today at 2 p.m., Judge McDonald (sitting alone, as the confirming Judge), ruled that Croatia should report back to the Tribunal by + Monday 24 February 1997 with a date for a meeting in Zagreb between the Prosecutor and representatives of Croatia, at which the production of evidence would be + discussed. Judge McDonald suggested that such a meeting take place during the week beginning 24 February. "In her order suspending the Order of 14 February, Judge McDonald noted + Croatia's challenge to the legality of the Order and Subpoena but its willingness to + cooperate informally with the Prosecutor. "Regarding Bosnia and Herzegovina, which has also been ordered to hand over evidence to the Prosecutor, the Judge ordered the Minister of Defence of the + Federation, Mr Ante Jelavic, or a competent representative, to appear before her on Monday + 24 February at 10 a.m. Mr Jelavic, as the person with effective control over the + Central Archives wherein the requested documents are believed to lie, must then explain+ his compliance with the Order of 14 February and indicate a schedule of + compliance," the statement said. The statement went on to describe the hearing: "Present at today's public + hearing were the Croatian Ambassador to the Netherlands, His Excellency Branko Salaj, + and Croatia's liaison with the Tribunal, First Secretary Mr Orsat Miljenic, who + appeared furthe to an Order of 14 February, to explain why Croatia has thus far failed to hand + over to the Prosecutor the 13 groups of evidentiary material requested in the Subpoena of + 15 January 1997. "Minister Counsellor, Mrs Vasvija Vidovic, Bosnia and Herzegovina's liaison + with the Tribunal, appeared on behalf of that State. "Reading from a prepared statement explaining Croatia's official position, Mr + Salaj informed the Judge that Croatia does not recognise the power of the + International Tribunal to subpoena State Officials. Croatia maintains that neither International Law + nor the Statu and Rules of the Tribunal empower it to subpoena State Officials. Had the UN + Security Council intended to convey such a power, it would have stated so expressly. The Ambassador added that this question should be brought before the Security + Council for resolution. "The Ambassador said that the Prosecutor had not attempted to obtain the requested evidence in any other way before requesting the Subpoena, and stated + that Croatia cannot accept the Subpoena as a mode of communication between it and + the Tribunal. Noting, however, Croatia's willingness to cooperate with the Tribunal+ (of which his appearance was an expression, as well as a mark of respect to the Judge), Ambassador Salaj said that Croatia was prepared to offer a compromise: If the + Prosecutor does not insist on the Subpoena, Croatia will endeavour as soon as possible to + meet his request. "The Prosecutor noted that since the Subpoena was issued on 15 January, he received no communication from Croatia prior to receiving a letter from that + State dated 13 February 1997. He has received none of the documents requested in the Subpoena. "He told the Judge that it is the Prosecutor's position that the Tribunal has + the power to subpoena State Officials, and that if it is Croatia's view that the Tribunal+ has no such power, that the matter be litigated. "In an attempt to reach a compromise solution, Judge McDonald offered to + suspend the Order of 14 February to provide an opportunity to allow Croatia's good + faith to motivat this issue. She expressed confidence that Croatia would cooperate in handing + over the documents requested," the statement concluded. (hina) vm 192221 MET feb 97