IN THE TRIAL CHAMBER
Before: Judge Richard May, Presiding
Judge Antonio Cassese
Judge Florence Ndepele Mwachande Mumba
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 1 July 1998
PROSECUTOR
v.
MILAN KOVACEVIC
___________________________________
DECISION ON DEFENCE MOTION TO ISSUE SUBPOENA
TO UNITED NATIONS SECRETARIAT
___________________________________
The Office of the Prosecutor:
Ms. Brenda Hollis
Ms. Ann Sutherland
Mr. Michael Keegan
Counsel for the Accused:
Mr. Dusan Vucicevic
Mr. Anthony DAmato
THE TRIAL CHAMBER,
NOTING the Defence Motion To Issue A Subpoena On The United Nations Secretariat filed on 25 June 1998 ("the Motion"),
NOTING the Judgement on the Request of the Republic of Croatia for Review of the Decision of Trial Chamber II of 18 July 1997, issued by the Appeals Chamber in Prosecutor v. Tihomir Blaskic, Case No. IT-95-14-AR108 bis, on 29 October 1997 ("the Appeals Chamber Judgement"),
NOTING THAT, in the Motion, the Defence has requested the Trial Chamber to compel the United Nations Secretariat to produce certain categories of documents,
CONSIDERING THAT, prima facie, the request appears to relate to matters which are irrelevant to the issues in this case or, if relevant, are so peripheral as not to warrant the issue of a binding order,
CONSIDERING FURTHER that, in view of the various categories of documents being sought, the Motion does not, in principle, conform with the criteria established by the Appeals Chamber Judgement for the issue of binding orders, including the criteria for specificity, relevance and relative ease of execution,
PURSUANT TO RULE 54 of the Rules of Procedure and Evidence of the International Tribunal
HEREBY DECLINES to consider issuing a binding order at this stage of the proceedings and NOTES as follows:
Done in English and French, the English text being authoritative.
Richard May
Presiding Judge
Dated this first day of July 1998
At The Hague
The Netherlands
[Seal of the Tribunal]