IN THE TRIAL CHAMBER

Before: Judge Richard May, Presiding

Judge Antonio Cassese

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 23 June 1998

 

PROSECUTOR

v.

MILAN KOVACEVIC

___________________________________________________________

DECISION REFUSING DEFENCE MOTION FOR SUBPOENA

___________________________________________________________

The Office of the Prosecutor:

Ms. Brenda Hollis
Ms. Ann Sutherland
Mr. Michael Keegan

Counsel for the Accused:

Mr. Dusan Vucicevic
Mr. Anthony D’Amato

 

THE TRIAL CHAMBER,

NOTING the Defence Motion For Subpoena To OCSE Mission In Bosnia filed on 17 June 1998 ("the Motion"),

NOTING ALSO THAT the Registry of the International Tribunal has already made contact with the OCSE on behalf of the Defence and has received a reply indicating that the information sought will not be provided to individuals,

NOTING FURTHER THAT information essentially the same as, or similar to, that sought to be obtained by the issue of such subpoena is already in the public domain and has been submitted to the International Tribunal in other matters,

CONSIDERING THAT the International Tribunal has no authority to issue such subpoena to the OSCE, it being an international organization and not a State,

PURSUANT TO RULE 54 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules")

HEREBY DENIES the Motion.

 

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

 

Richard May

Presiding Judge

Dated this twenty-third day of June 1998

At The Hague

The Netherlands

[Seal of the Tribunal]