ICTY ANNULS SUBPOENA TO CROATIA AND ITS DEFENSE MINISTER

THE HAGUE, Oct 29 (Hina) - The Appellate Committee of the International Criminal Tribunal for the Former Yugoslavia (ICTY) decided on Wednesday that the Tribunal cannot issue a subpoena duces tecum to sovereign states or their officials, annulling the subpoena forwarded to Croatia and Defense Minister Gojko Susak. The chairman of the Appellate Committee and president of the ICTY, Antonio Cassese, said the decision had been reached unanimously. The Appellate Committee decided that the Tribunal could forward binding orders to states to submit documents needed for court proceedings, and if the order is not fulfilled, the president can inform the UN Security Council about such a case. However, the Tribunal has no right to issue such orders to high state officials acting within the framework of their official duties. (hina) lm 291324 MET oct 97