Case No. IT-03-67-PT

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius
Judge Jean Claude Antonetti
Judge Kevin Parker

Registrar:
Mr. Hans Holthuis

Order of:
26 August 2005

PROSECUTOR

v.

VOJISLAV SESELJ

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DECISION ON REGISTRY FIRST AND SECOND REQUESTS FOR EXTENSION OF TIME TO FILE EXPERT REPORTS

____________________________________________________

Counsel for the Prosecutor:

Ms. Hildegard Uertz-Retzlaff
Mr. Ulrich Mussemeyer
Mr. Daniel Saxon

The Accused:

Mr. Vojislav Seselj

Standby counsel:

Mr. Tjarda Eduard van der Spoel

 

TRIAL CHAMBER II ("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 ("Tribunal");

BEING SEIZED OF "Registrarís Request for Extension of Time to File Expert Reports" filed on 22 July 2005, requesting an extension of time in which to file a medical report on the health of the Accused and an environmental expert report on the air quality of the United Nations Detention Unit ("UNDU") and "Registrarís Second Request for Extension of Time to File Expert Reports" filed on 18 August 2005, whereby an extension of time is requested until 5 September 2005 due to technical setbacks (together, the "Requests");

NOTING the issues raised by Vojislav Seselj ("Accused") regarding medical problems allegedly caused by the conditions of his detention;

NOTING the "Order to Registry and Commanding Officer of the United Nations Detention Unit" ("Order") filed on 11 July 2005, in which the Trial Chamber orders medical tests to assess the physical condition of the Accused, and assessments of the environment in the Accusedís detention unit;

NOTING the "Submission Number 98" ("Submission") filed on 3 August 2005, in which the Accused raises certain issues regarding the timing of the physical exams and air quality checks;

CONSIDERING that the Trial Chamber, in its Order of 11 July 2005, specifically orders the medical and environmental experts to liaise with each other, and to report to the Trial Chamber either separately or jointly as they consider appropriate;

CONSIDERING that the Requests state that an extension of time is necessary in order to allow the experts to produce thorough reports and to liaise with each other;

CONSIDERING the allegation by the Accused in his Submission that a delay in the physical exams and air quality checks may impact the overall assessment due to seasonal changes in environmental allergens;

CONSIDERING that the Trial Chamber does not find that the Submission raises further material issues which argue against granting the Requests in order to allow the experts sufficient time to make a thorough and accurate report;

FOR THE FOREGOING REASONS

PURSUANT to Rule 127 of the Rules of the Tribunal;

GRANTS the Requests;

ORDERS the experts to make specific mention of any impact on the testing and reports that may have been caused by any seasonal shift in environmental conditions between mid-July and early September;

And ORDERS the reports of the experts to be made available to the Trial Chamber by 5 September 2005.

 

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

_________________
Judge Carmel Agius
Pre-Trial Judge

Dated this twenty-sixth day of August 2005
At The Hague
The Netherlands

[Seal of the Tribunal]