Before: Judge Adolphus G. Karibi-Whyte, Presiding

Judge Elizabeth Odio Benito

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 26 June 1998



ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"




The Office of the Prosecutor:

Mr. Grant Niemann

Ms. Teresa McHenry

Mr. Giuliano Turone

Counsel for the Accused:

Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene O’Sullivan, for Zejnil Delalic

Mr. Zeljko Olujic, Mr. Tomislav Kuzmanovic, for Zdravko Mucic

Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic

Ms. Cynthia McMurrey, Ms. Nancy Boler, for Esad Landzo


THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("International Tribunal");

BEING SEISED of a "Request by Esad Landzo for the issuance of subpoenas ad testificandum and a subpoena duces tecum" filed by the Defence for Esad Landzo on 24 June 1998 (RP D6721-D6725)("Motion") which states, inter alia,

"...The medical records of Esad Landzo and Mirko Babic are in the custody and control of the hospital in which Dr. Buturovic is chief administrator....The medical records of Branko Gotovac may also be in the custody of the hospital in Konjic and therefore; under the control of Dr. Buturovic. The defence is unable to garner any evidence regarding these records because of the discord with regards to the Buturovics. The custodian of records or Dr. Buturovic must authenticate and produce these documents, or if these documents are in the custody and/or control of Dr. Butorovic or Nihada Butorovic ....";

CONSIDERING the oral submissions of the Defence for Esad Landzo made on 23 June 1998 whilst speaking to the Motion;

FURTHER CONSIDERING that pursuant to Rule 54 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), the Trial Chamber may issue subpoenas to individuals acting in their private capacity;

FURTHER CONSIDERING that Article 29 of the Statute of the International Tribunal sets out the relationship of co-operation and judicial assistance between the International Tribunal and States;

NOTING the "Judgement on the request of the Republic of Croatia for review of the decision of Trial Chamber II of 18 July 1997" of the Appeals Chamber of the International Tribunal in the case of Prosecutor v. Tihomir Blaskic (Case No.:IT-95-14-AR 108bis)("Appeals Chamber Decision") which states, inter alia;

"43. ... It follows that if a Judge or a Chamber intends to order the production of documents, ... being acts involving action by a State, its organs or officials, they must turn to the relevant State." and,

"31....It is therefore to be regarded as sound policy for the Prosecutor as well as defense counsel, first to seek, through cooperative means, the assistance of States, and only if they decline to lend support, then to request a Judge or a Trial Chamber to have recourse to the mandatory action provided for in Article 29.";



(1) Oral submissions regarding the Motion shall be heard at 10:00 a.m. 29 June 1998, and,

(2) Any oral submission regarding the Motion by the Defence for Esad Landzo shall address, inter alia, the application of the Appeals Chamber Decision to the Motion, in particular the following questions:

i. Is the Konjic Hospital an organ of the State of Bosnia and Herzegovina, and,

ii. If so, has the Defence for Esad Landzo sought the assistance of the State of Bosnia and Herzegovina in obtaining the documents sought in the Motion.


Done in both English and French, the English version being authoritative.


Adolphus G. Karibi-Whyte

Presiding Judge

Dated this twenty-sixth day of June 1998

At The Hague,

The Netherlands.

[Seal of the Tribunal]