Referral to Trial Chamber I of Order to Bosnia and Herzegovina for the Production of Documents to the Defence

Before: Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 6 August 1997

PROSECUTOR

v.

TIHOMIR BLASKIC

___________________________________________________________

REFERRAL TO TRIAL CHAMBER I OF ORDER TO
BOSNIA AND HERZEGOVINA FOR THE PRODUCTION
OF DOCUMENTS TO THE DEFENCE

________________________________________________________

The Office of the Prosecutor:

Mr. Mark Harmon

Mr. Andrew Cayley

Mr. Gregory Kehoe

Counsel for the Accused:

Mr. Anto Nobilo

Mr. Russell Hayman

The Republic of Bosnia and Herzegovina:

Madame Vasvija Vidovic

I, Saad Saood Jan, Judge of the International Criminal Tribunal for the Former Yugoslavia;

CONSIDERING the Defence Motion for Issuance of a Subpoena Duces Tecum to the Republic of Bosnia and Herzegovina Compelling the Production of Exculpatory Documents, filed on 28 February 1997 (RP D3342-D3351),

FURTHER CONSIDERING the Referral to a Judge of the Defence Motion for Issuance of a Subpoena Duces Tecum, of 18 March 1997 (RP D1-4/3462 bis),

CONSIDERING the Order Compelling the Production of Documents, signed by me on 28 April 1997, addressed to Bosnia and Herzegovina (RP D4844-D4850) (the "Order"),

NOTING the letter from Madame Vasvija Vidovic and attached Clarification of the Ministry of Defence of the Federation of Bosnia and Herzegovina, filed on 9 July 1997 (RP D6504-D6516),

FURTHER NOTING the Decision on the Objection of the Republic of Croatia to the Issuance of Subpoenae Duces Tecum, rendered by Trial Chamber II on 18 July 1997 (the "Decision") (RP D6641-D6714) and the Decision on the Admissibility of the Request for Review by the Republic of Croatia of an Interlocutory Decision of a Trial Chamber (Issuance of Subpoenae Duces Tecum) and Scheduling Order, of 29 July 1997 (RP D8-D15),

TAKING INTO ACCOUNT paragraph 106 of the Decision and that it is in the interest of the proper administration of justice that the Trial Chamber seized of the case against the accused, General Blaskic, and before whom trial proceedings commenced on 23 June 1997, evaluate the documents provided to the Defence by Bosnia and Herzegovina in order to determine whether the Order has been complied with,

CONSIDERING that it is therefore proper that this matter be referred back to Trial Chamber I (Judge Jorda Presiding, with Judges Riad and Shahabuddeen),

FOR THE FOREGOING REASONS,

PURSUANT TO RULE 54,

REFER the matter back to Trial Chamber I.

Done in English and French, the English text being authoritative.

_____________________

Saad Saood Jan

Judge

Done this sixth day of August 1997

The Hague

The Netherlands

[Seal of the Tribunal]