Order on the motion of the defence for Hazim Delic for the issuance of subpoenas

IN THE TRIAL CHAMBER

Before: Judge Adolphus G. Karibi-Whyte, Presiding

Judge Elizabeth Odio Benito

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 25 June 1998

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"

_____________________________________________

ORDER ON THE MOTION OF THE DEFENCE FOR
HAZIM DELIC FOR THE ISSUANCE OF SUBPOENAS

_____________________________________________

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 "Motion for issuance of subpoena" filed by the Defence for Hazim Delic on 22 June 1998 (Official Record at Registry Page ("RP") D6667-D6668)("Motion");

CONSIDERING the oral submissions of the Defence for Hazim Delic and the Office of the Prosecutor 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) which states, inter alia;

"54. ... The implementing legislation of the International Tribunal’s Statute enacted by some States provides that any order or request of the International Tribunal should be addressed to a specific central body of the country, which then channels it to the relevant prosecutorial or judicial agencies. It may be inferred from this that any order or request should therefore be addressed to that central national body."[footnote omittedC

FOR THE FOREGOING REASONS, PURSUANT TO RULE 54 AND ARTICLE 29 OF THE STATUTE,

HEREBY ISSUES, the subpoenas attached hereto, to the persons named therein, and

MAKES the request attached hereto to the Government of Bosnia and Herzegovina.

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

_____________________________

Adolphus G. Karibi-Whyte

Presiding Judge

Dated this twenty-fifth day of June 1998

At The Hague,

The Netherlands.

[Seal of the Tribunal]