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CRO GOVT ISSUES STATEMENT ON ICTY'S DECISION ON SUBPOENA

ZAGREB, July 21 (Hina) - The Croatian Government's Communications Office on Monday issued the Government's statement on a subpoena decision by The Hague-based International Criminal Tribunal for the Former Yugoslavia (ICTY). Following is the full text of the statement: "On 18 July 1997, the ICTY in The Hague reached a decision on the re-introduction of a subpoena duces tecum (order under the threat of punishment) issued on 15 January 1997 to the Republic of Croatia and its Defense Minister Gojko Susak. "According to this decision, the Republic of Croatia and Minister Susak were directed to comply with the subpoena within 30 days, that is to turn over an undetermined number of inaccurately specified documents, or that representatives of the Republic of Croatia and Minister Susak appear before the ICTY to explain the reasons of non-compliance with the subpoena. "The international law does not know of any institution according to which the ICTY would have the right to issue orders to states and their officials under the threat of punishment. Likewise, the necessary legal bases for this do not exist in the acts of the ICTY. "The Government of the Republic of Croatia, therefore, expresses its disagreement with the Tribunal's decision, and shall in this respect, since it concerns a particular legal issue, undertake all legal means to prove that the issuance of orders to sovereign states and their officials under the threat of punishment is legally unfounded. "The Government of the Republic of Croatia stresses that it will continue to cooperate with The Hague-based ICTY, but exclusively in line with provisions of the international law, the Statute of the International Tribunal, and the constitutional law on the cooperation of the Republic of Croatia with the International Criminal Tribunal", the statement by the Croatian Government concluded. (hina) ha mm 211652 MET jul 97

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