CROATIAN AMBASSADOR TO NETHERLANDS SATISFIED WITH ICTY DECISION

THE HAGUE, Oct 29 (Hina) - Croatia's Ambassador to the Netherlands, Jaksa Muljacic, on Wednesday expressed satisfaction with a final decision by the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia in The Hague to quash a subpoena, saying that Croatia's request was fully granted. The Appeals Chamber decided that the ICTY had no right to issue subpoenas to states or state officials, but that it could issue binding orders. States are obliged to cooperate with the Tribunal, which Croatia does not question. Croatia has cooperated and cooperates with the Tribunal, and so far it has submitted requested documents on three occasions, Muljacic told Hina. "The essential difference is that a binding order means that the Tribunal has no right to impose sanctions on a state, and in the event of non-compliance it can inform the Security Council," he said. Commenting on a decision by the Appeals Chamber that national security interests could not be cited as an argument for withholding documents, Muljacic said that that was "a very sensitive issue" which would be discussed by the Trial Chamber on a case-by-case basis. ICTY Chief Prosecutor Louise Arbour told a news conference after the announcement of the Appeals Chamber ruling that the central issue in that decision was a provision saying that it was not enough for a state to cite national security interests as a reason for withholding requested documents, but that the Trial Chamber would decide whether the submission of a document posed a national security threat. Asked whether she was disappointed with the Appeals Chamber decision, Arbour said: I am not disappointed, just the contrary, because the Appeals Chamber said clearly and unambiguously that a state could be issued with binding orders. Arbour expressed hope that Croatia would submit the requested documents, describing the surrender of ten Croats to the Tribunal as a sign of its willingness to cooperate. (hina) vm jn 291728 MET oct 97