Judge Elizabeth Odio Benito

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 24 March 1997

PROSECUTOR

v.

TIMOHIR BLASKIC

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SCHEDULING ORDER

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To: The Office of the Prosecutor

To: The Republic of Bosnia and Herzegovina, and

To: Defence Minister Ante Jelavic, the successor of the Custodian of the Records of the Central Archive of what was formerly the Ministry of Defence of the Croatian Community of Herceg Bosna

To: The Republic of Croatia, and

To: Defence Minister Gojko Susak, Ministry of Defence, Republic of Croatia

THE TRIAL CHAMBER

NOTING the issuance by Judge Gabrielle Kirk McDonald on 15 January 1997 of a Subpoena Duces Tecum addressed to the Republic of Bosnia and Herzegovina and to the Custodian of the Records of the Central Archive of what was formerly the Ministry of Defence of the Croatian Community of Herceg Bosna,

NOTING the issuance by Judge Gabrielle Kirk McDonald on 15 January 1997 of a Subpoena Duces Tecum addressed to the Republic of Croatia and to the Defence Minister of the Republic of Croatia,

NOTING the suspension of the Subpoena Duces Tecum addressed to the Republic of Croatia by Judge Gabrielle Kirk McDonald on 19 February 1997,

NOTING the various Orders which have been issued subsequently in this matter and, in particular, the Order of 7 March 1997 to ensure compliance with the Subpoena Duces Tecum addressed to the Republic of Bosnia and Herzegovina, requiring Mr. Ante Jelavic to appear before Judge Gabrielle Kirk McDonald on 18 April 1997 in the event of non-compliance with the Subpoena Duces Tecum,

NOTING also the Order of 14 March 1997 submitting the matter to Trial Chamber II and Inviting Amicus Curiae,

NOTING that a hearing has been scheduled in this matter for 10 a.m. on Wednesday 16 April 1997,

NOTING further the Order of Trial Chamber I of 18 March 1997 referring the Defence Motion for issuance of a Subpoena Duces Tecum to Judge Gabrielle Kirk McDonald,

CONSIDERING the Request of the Prosecutor in respect of Issues to be Briefed for the Hearing of 16 April 1997 in relation to Subpoenae Duces Tecum, filed on 20 March 1997 ("the Request in respect of the Issues"),

CONSIDERING the Prosecutor's Request for Reinstatement of Subpoenae Duces Tecum filed on 21 March 1997 ("the Request for Reinstatement"),

PURSUANT TO RULE 54

HEREBY DIRECTS as follows:

(1) subject to further order, all matters relating to the issue of Subpoenae Duces Tecum in this case shall be considered by the full Trial Chamber II;

(2) all parties addressed in this Order shall advise the Registry no later than 5 p.m. on Wednesday 26 March 1997 of their position with respect to the Request in respect of the Issues;

(3) the Republic of Croatia and Defence Minister Gojko Susak shall file with the Registry no later than Friday 4 April 1997 their written response, if any, to the Request for Reinstatement; and

(4) the hearing set for Friday 18 April 1997 in case of non-compliance is hereby cancelled and shall be reconsidered after the Trial Chamber issues its decision on the matters to be heard on 16 April 1997.


Gabrielle Kirk McDonald
Presiding Judge

Dated this twenty-fourth day of March 1997
At The Hague
The Netherlands

[Seal of the Tribunal]