ICTY APPEALS CHAMBER SUSPENDS SUBPOENA DECISION

ZAGREB, Aug 1 (Hina) - The Hague Tribunal Appeals Chamber granted the Republic of Croatia the right to appeal the subpoena decision and suspended the subpoena decision pending the disposal of the appeal, the International War Crimes Tribunal (ICTY) said in a statement on Friday. In its Notice (of 25 July 1997), the Republic of Croatia requested the Appeals Chamber to: 1. Review and set aside the opinion and order of the Trial Chamber, dated back July 18, 1997; 2. Quash the subpoena duces tecum issued to the Republic of Croatia and Defence Minister Gojko Susak on January 15, 1997; 3. Stay Trial Chamber II's order dated July 18, 1997, pending resolution of the appeal, the statement read. On 29 July 1997, the Appeals Chamber, consisting of Judge Cassese (presiding), Judge Karibi-Whyte, Judge Li Judge Stephen and Judge Vohrah rendered a Decision on the Admissibility of the Request for Review by the Republic of Croatia of an Interlocutory Decision of a Trial Chamber (issuance of subpoena duces tecum). In its Decision, the Appeals Chamber declared admissible the Republic of Croatia's request that it review the Decision on the Objection of the Republic of Croatia to the Issuance of Subpoena Duces Tecum, rendered by Trial Chamber II (consisting of Judge Kirk McDonald (presiding), Judge Odio-Benito and Judge Jan), on 18 July 1997. The crucial question of Croatia's right to appeal was examined by the Chamber which stated that although "Croatia is not entitled to invoke Rule 108 (…) since it is not a "Party", as defined by Rule 2 of the Rules of Procedure and Evidence, namely either 'the Prosecutor or the Accused'," during the thirteen plenary session of the Judges, "a new Rule was adopted, Rule 108bis, which enables certain non-Parties only, namely States, to appeal interlocutory decisions of the Trial Chambers under certain circumstances." According to the statement, having admitted the request for review, the Appeals Chamber stayed the execution of the subpoena in question, pursuant to Rule 108bis (C), stating "although Article 29 of the Statute remains of course applicable as regards the obligation of States to cooperate with the Tribunal, the subpoena at issue cannot be executed while its validity is being challenged in appellate proceedings." The Appeals Chamber invited amicus curiae briefs to be submitted by "States, non-governmental organisations and persons," on the following subjects: (1) the power of a Judge or Trial Chamber of the International Tribunal to issue a subpoena duces tecum, i.e. according to the definition given by the Trial Chamber in its Decision of 18 July 1997, an order to a sovereign State compelling the production of documents, but not necessarily implying the assertion of a power to imprison and fine (…); (2) the power of a Judge or Trial Chamber to make a request or a issue a subpoena duces tecum to a high government official of a State; (3) the appropriate remedies to be taken if there is non- compliance with a subpoena duces tecum or request issued by a Judge or Trial Chamber; and (4) any other issue concerned in this matter, such as the question of the national security interests of a sovereign State," the statement read. The Appeals Chamber announced the following scheduling order: 1. The Republic of Croatia is to file its Brief by 18 August 1997; 2. The Prosecutor and Defence is to file any Briefs in Reply by 8 September 1997; 3. The Republic of Croatia to file its Brief in Reply by 15 September 1997; 4. Any amicus curiae briefs to be filed by 15 September 1997, the statement said at the end. (hina) mm mš 011708 MET aug 97