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" " Lasva Valley, Prosecutor v. Blaskic, Decision on the Prosecutor's Request for the Issuance of a Binding Order to Bosnia and Herzegovina for the Production of Documents, IT-95-14 (ICTY TC, Feb. 27, 1998)

IN THE TRIAL CHAMBER

Before:
Judge Claude Jorda, Presiding
Judge Fouad Riad
Judge Mohamed Shahabuddeen

Registrar:
Mr. Jean-Jacques Heintz, Deputy Registrar

Decision of:
27 February 1998

THE PROSECUTOR

v.

TIHOMIR BLASKIC


DECISION ON THE PROSECUTOR’S REQUEST FOR THE ISSUANCE
OF A BINDING ORDER TO BOSNIA AND HERZEGOVINA FOR THE
PRODUCTION OF DOCUMENTS


The Office of the Prosecutor:

Mr. Mark Harmon
Mr. Andrew Cayley
Mr. Gregory Kehoe

Defence Counsel:

Mr. Anto Nobilo
Mr. Russell Hayman

 

I, Claude Jorda, Presiding Judge of Trial Chamber I of the International Criminal Tribunal for the former Yugoslavia (hereinafter "the Tribunal"),

CONSIDERING the Prosecutor’s request for the issuance of a binding order to Bosnia and Herzegovina for the production of documents dated 17 December 1997,

CONSIDERING the request of the Prosecutor of the Tribunal filed ex parte and confidentially on 24 February 1998 for the issuance of a binding order for the production of documents (hereinafter "the Request"),

CONSIDERING the judgement of the Appeals Chamber of the Tribunal on the request of the Republic of Croatia for review of the Decision of Trial Chamber II rendered on 18 July 1997 (hereinafter "the Judgement of the Appeals Chamber"),

PURSUANT to Article 29 of the Statute of the Tribunal and Rule 54 of the Rules of Procedure and Evidence,

NOTING that, in her request, the Prosecutor indicates that the said request follows up on her previous request dated 21 November 1997 and seeks the production of a limited number of specific documents,

NOTING that the documents whose production is being sought may constitute both inculpatory and exculpatory evidence and, as such, appear particularly necessary for reaching the truth,

NOTING that the documents whose production the Trial Chamber is requested to order are specifically identified and limited in number,

NOTING that, from the above, it is clear that the Prosecutor’s request appears well founded, precise and reasonable within the meaning of the Judgement of the Appeals Chamber,

ORDER therefore that Bosnia and Herzegovina submit to the Office of the Prosecutor the documents, the confidential list of which is attached ex parte to this Decision, as quickly as possible, and, at the latest, by 20 March 1998.

 

Done this twenty-seventh day of February 1998
At The Hague
The Netherlands

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

(signed)
_________________
Claude Jorda
Presiding Judge, Trial Chamber I

(Seal of the Tribunal)

   

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