DEFENCE LAWYER OF BLASKIC COMMENTS ON TRIBUNAL'S LATEST DECISION ON SUBPOENA

ON SUBPOENA THE HAGUE, July 20 (Hina) - Prior to the continuation of the trial of Bosnian Croat General Tihomir Blaskic before the Hague Tribunal, scheduled for July 21, Trial Chamber II of this international war crimes tribunal confirmed its request that Croatia should turn over to the Tribunal documents believed to be of evidentiary value in relations with the Blaskic case. This decision, made by Chamber Trial on (Friday) July 18, confirms the power of the Hague Tribunal to issue a subpoena duces tecum to a sovereign State to give requested documents, and dismisses Croatia's objection that the International Tribunal does not have the authority and power to issue such compulsory orders. A lawyer of Blaskic's Defence, Anto Nobilo, commented on the latest decision of the Hague Tribunal on late Saturday night's Croatian Television news broadcast "Motrista". "I hold that it is an absolutely illegal ruling-decision, and a ruling that was handed over contrary to the opinion of the largest number of state and legal experts who had gathered to solve the problem a few months ago," Nobilo aid. The Croatian lawyer said that a subpoena duces tecum meant that appropriate remedies could be taken if there was non-compliance with such an order. But, he explained, the Trial had no mandate to take action against Croatia and it is only the UN Security Council that can take action against a (UN member) State and States turn over a part of their sovereignty to the Security Council by signing UN Charter. Had the Security Council wanted to transfer such power to the Tribunal, the Council would have written it in the Statute of the Tribunal, Nobilo said. He added that action could not be taken against a minister (of a State), "as the minister has no his own will. Documents demanded from him to give are not his ownership but the ownership of the Republic of Croatia as these are archives, military archives." "The Tribunal demands from (Croatian Defence) Minister Susak to commit a criminal act of misuse of office and revelation of a state and military secret," Nobilo said in the end. (hina) mš 201055 MET jul 97