THE HAGUE, July 19 (Hina) - The Trial Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) on Saturday confirmed its request to Croatia to hand over documentation considered as important for the trial of
General Tihomir Blaskic, the Tribunal said in a statement.
THE HAGUE, July 19 (Hina) - The Trial Chamber of the International
Criminal Tribunal for the Former Yugoslavia (ICTY) on Saturday confirmed
its request to Croatia to hand over documentation considered as
important for the trial of General Tihomir Blaskic, the Tribunal said in
a statement. #L#
The subpoena had been handed down by the decision of a trial
chamber consisting of Judge Gabrielle Kirk McDonald (presiding), Judge
Elizabeth Odio Benito and Judge Saad Saood Jan.
The decision confirms the right of the Tribunal to issue 'subpoenae
duces tecum' to sovereign countries to hand over requested documents to
the Tribunal. The objection of Croatian authorities against the
International Tribunal being authorised to issue the subpoenas was
dismissed.
The Trial Chamber decided on 18 July to "order the Republic of
Croatia and (Croatian Defence Minister) Mr. Susak to comply with the
Subpoena Duces Tecum within 30 days of the Decision or to appear before
the International Tribunal to explain the reasons for non-compliance".
In its decision, the Trial Chamber addressed two issues: the basis
of the authority and power of the International Tribunal to issue
compulsory orders to states as well as individuals, including high
government officials, and the duty to comply with such orders.
In discussing Croatia's objection to the subpoena, the judges
established that the issuance of subopenae to states did not represent
the Tribunal's exceeding of competence set by its statute.
The judges cited UN Security Council resolutions 827 and 1031,
assessing that, according to the resolutions, states were obliged to
answer the Tribunal's requests for cooperation, meaning that they were
obliged to fully comply with the orders issued by the Tribunal.
The obligation to comply with the order also applies to state
officials.
Sovereignty did not free states from fulfilling this obligation,
because Croatia and Bosnia-Herzegovina had committed themselves to
"comply with the international Tribunal as a Chapter VII enforcement
measure," the statement said.
The Trial Chamber decided that the assertion that a state's
security was at stake did not exonerate the state or state official
from producing evidence. Rather, the assertion had to be proved.
The first subpoena was issued to Croatia on 15 January 1997. Judge
Kirk McDonald suspended the decision on 20 February. A hearing took
place on 16 and 17 April with the aim of discussing "important questions
of principle" concerning the compliance with the Subpoena Duces Tecum.
(hina) lm
191354 MET jul 97