Before: Judge Richard May, Presiding

Judge Mohamed Bennouna

Judge Patrick Robinson

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 4 February 1999







The Office of the Prosecutor

Mr. Geoffrey Nice
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott

Defence Counsel

Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. David F. Geneson, Mr. Turner T. Smith, Jr., and Ms. Ksenija Turkovic, for Dario Kordic
Mr. Bozidar Kovacic
, for Mario Cerkez


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 ("the International Tribunal"),

NOTING the Prosecutor’s Application for an Order to the Republic of Croatia for the Production of Documents Concerning or Related to Mario Cerkez, with an annex attached ("the Annex"), filed confidentially and ex parte by the Office of the Prosecutor ("the Prosecution") on 25 January 1999, and a Confidential Memorandum Supporting the Prosecutor’s Application for an Order to the Republic of Croatia for the Production of Documents Concerning or Related to Mario Cerkez, filed confidentially and ex parte on the same day,

CONSIDERING the Appeals Chamber Judgement on the Request of the Republic of Croatia for Review of the Decision of Trial Chamber II of 18 July 1997, in Prosecutor v. Blaskic, Case No. IT- 95-14-T, of 29 October 1997, in which the Appeals Chamber specified the following conditions for an order for the production of documents: "Any request for an order for production of documents issued under Article 29, paragraph 2, of the Statute, whether before or after the commencement of a trial, must: (1) identify specific documents and not broad categories. . . . ; (2) set out succinctly the reasons why such documents are deemed relevant to the trial. . . . ; (3) not be unduly onerous. . . . ; (4) give the requested State sufficient time for compliance. . . . ",

CONSIDERING that those conditions are mandatory and cumulative,

CONSIDERING that Requests 1-27, 29-38 and 40 found in the Annex are specific, relevant, and not unduly onerous,

CONSIDERING on the other hand, that Requests 28 and 39 do not meet the criteria of relevance as set out in the Appeals Chamber Judgement,

CONSIDERING also the requirement to set reasonable and workable deadlines for compliance with an order for the production of documents,

PURSUANT TO Article 29 of the Statute of the International Tribunal and Rule 54 of the Rules of Procedure and Evidence

ORDERS the Republic of Croatia to disclose to the Prosecution the documents listed in the confidential Annex as soon as possible and no later than within sixty days of the date of this order.


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


Richard May

Presiding Judge

Dated this fourth day of February 1999

At The Hague

The Netherlands

[Seal of the Tribunal]