IN THE TRIAL CHAMBER

Before:
Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Registrar:
Mrs. de Sampayo Garrido-Nijgh, Registrar

Order of:
19 April 2000

THE PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS
MLADO RADIC
ZORAN ZIGIC
DRAGOLJUB PRCAC


ORDER FOR PSYCHOLOGICAL AND MEDICAL-PSYCHIATRIC EXAM OF THE ACCUSED RADIC


The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Michael Keegan
Mr. Kapila Waidyaratne

Defence Counsel:

Mr. Krstan Simic for Miroslav Kvocka
Mr. Zarko Nikolic for Milojica Kos
Mr. Toma Fila for Mladjo Radic
Mr. Simo Tosic for Zoran Zigic
Mr. Jovan Simic for Dragoljub Prcac

 

TRIAL CHAMBER I 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;

NOTING the "Request for Medical Examination" filed by the accused Mr. Radic ("the Accused") on 18 February 2000 requesting a medical and psychological examination of the Accused;

HAVING HEARD the Accused during the status conference on 24 February 2000;

NOTING the "Request for Medical Examination" filed by the accused on 9 March 2000 and modifying the first request of 18 February 2000 to request only a psychological examination, to be performed by Mrs. Ana Najman;

NOTING the "Order on the Defence Motion for the Medical Examination of the Accused Mladjo Radic" dated 29 March 2000 and the "Defence Notice of Compliance with the Trial Chamber Order of 29 March 2000" dated 4 April 2000;

NOTING Rule 74 bis of the Rules of Procedure and Evidence ("the Rules");

CONSIDERING that the Defence of the Accused argues that a psychological examination based on the tests and methods proposed in the "Request for Medical Examination" dated 9 March 2000 would inform the Trial Chamber about the personality and main character traits of the Accused and would therefore allow the Trial Chamber, on the one hand, to understand the Accused’s response to a critical situation with respect to the crimes he is charged with, and on the other hand, to take into account all the circumstances likely to affect the potential punishment of the Accused;

CONSIDERING that the Trial Chamber believes that a psychological and medical-psychiatric examination of the Accused would provide relevant information about the mental condition of the Accused before and after the alleged commission of the crimes with which he is charged, which may be a circumstance considered in determining any punishment of the Accused;

FOR THE FOREGOING REASONS

ORDERS that a psychological and medical-psychiatric exam of the accused Mladjo Radic be peformed in accordance with professional practice which should, among other things:

  1. Provide information about the intellectual and mental condition, past and present, of the Accused;

  2. Provide any information relevant to the evaluation of the impact of the mental state of the Accused on the commission of the crimes alleged and the interpretation of examination results;

  3. Provide information about the present psychological condition of the Accused and his potential for rehabilitation, as well as any useful recommendation in this respect;

  4. Include a joint written report of the above evaluations, observations and recommendations, which should be submitted to the Registry by 22 May 2000 at the latest;

REQUESTS the Registrar to assign two experts, namely one psychiatrist and one psychologist; the latter may be Mrs. Ana Najman whose appointment was proposed by the Defence, if Mrs. Najman satisfies the conditions for being listed pursuant to Rule 74bis.

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

 

Dated this eighteenth day of April 2000,
At The Hague,
The Netherlands.

___________
Almiro Rodrigues
Presiding Judge, Trial Chamber I

(Seal of the Tribunal)