Exhaustion of all other means

Notion(s) Filing Case
Decision on Review - 19.03.2009 NALETILIĆ Mladen

33. With respect to the request to have access to all correspondence prior to 1997, the Appeals Chamber also notes that any request to order a State to produce documents or information is subject to the provisions of Rule 54 bis of the Rules and that the Applicant fails to indicate whether any reasonable steps were previously taken to obtain the documents or information from Croatia.[1]

[1] Rule 54 bis of the Rules provides, in part: “(A) A party requesting an order under Rule 54 that a State produce documents or information shall apply in writing to the relevant Judge or Trial Chamber and shall: (i) identify as far as possible the documents or information to which the application relates; (ii) indicate how they are relevant to any matter in issue before the Judge or Trial Chamber and necessary for a fair determination of that matter; and (iii) explain the steps that have been taken by the applicant to secure the State’s assistance.”

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ICTY Rule Rule 54 bis