Tribunal Criminal Tribunal for the Former Yugoslavia

Page 6828

1 Monday, 25 March 2002

2 [Open session]

3 [The accused entered court]

4 [The accused Milan Simic not present]

5 --- Upon commencing at 2.20 p.m.

6 JUDGE MUMBA: Please call the case.

7 THE REGISTRAR: Yes, Your Honour. This is the case number

8 IT-95-9-T, the Prosecutor versus Blagoje Simic, Milan Simic, Miroslav

9 Tadic, and Simo Zaric.

10 JUDGE MUMBA: I note that the parties are as before. We were

11 supposed to continue our proceedings in this case as of today as the

12 programme which was issued, but unfortunately, our colleague Judge Singh

13 is still indisposed and we are unable to continue the proceedings. We

14 have looked at the record and we find that the matters that are supposed

15 to be continued with today are such that it wouldn't be in the interests

16 of justice for us to continue. So we shall adjourn the proceedings until

17 further notice.

18 But before we rise, I wanted to find out whether there are any

19 matters the parties would like to raise.

20 Yes, Mr. Lukic.

21 MR. LUKIC: [Interpretation] Your Honour, I must address the

22 Chamber with a piece of information about the health condition of my

23 client, which is alarming, I must say, and it is my duty to inform the

24 Trial Chamber thereof.

25 He advised me that he literally collapsed in the Detention Unit

Page 6829

1 last week. He had high fever, nausea, and dizziness. Medical help was

2 asked for, but to date he has not been seen by a doctor. A nurse did come

3 and noted that his pressure is extremely high, but the doctor still hasn't

4 seen him. He received information last Friday by certain people in the

5 Detention Unit. I still don't know who exactly. They told him that they

6 tried to find a doctor but couldn't.

7 In view of my client's age, I would really urge this Trial Chamber

8 to use their good offices to have medical help urgently extended to my

9 client. If you -- with your leave, Mr. Tadic himself could address the

10 Trial Chamber himself. He came to the courtroom today primarily for this

11 reason, to inform the Chamber of his health condition because he has not

12 met with understanding at the appropriate instances in the Detention

13 Unit. Thank you.

14 JUDGE MUMBA: Yes. The Trial Chamber can hear Mr. Tadic if he so

15 wishes to explain.

16 THE ACCUSED TADIC: [Interpretation] Your Honours, what my counsel

17 has said describes the situation well. On Friday, I was visited by

18 representatives of the Detention Unit and a nurse, and they firmly

19 promised that they would organise a doctor for Monday, which is today.

20 However, until my departure for the courtroom, the doctor has not

21 appeared. I spent the entire day lying down, and sometime around 1.00,

22 the nurse came and measured my pressure again and simply told me that

23 there is no doctor.

24 This is a bit of a problem because I am located on a floor where

25 Dr. Kovacevic died, and the people who were present then are still there,

Page 6830

1 and they are more upset perhaps than I am. This was another reason for

2 tempers to rise.

3 I think that it would be reasonable to expect a doctor to be able

4 to visit me in seven days. I am really feeling bad, and I have no reason

5 to simulate anything.

6 That's all I wanted to say. Thank you.

7 JUDGE MUMBA: Yes. Very well, Mr. Tadic. The Trial Chamber will

8 take the matter up with the Registrar immediately, and the Trial Chamber

9 will be expecting a report from the Detention Unit on the matter. At the

10 same time, the Registrar will be requested to arrange for a medical

11 examination and treatment, if possible, so that the Trial Chamber can be

12 able to decide how to go about with the proceedings in your state of

13 health.

14 Thank you, Mr. Lukic, for raising the matter. It is indeed

15 important that while the proceedings are pending, the health aspect of the

16 persons in detention is looked after to the best of the resources

17 available, and it has always been the case that doctors are requested from

18 wherever to look after the detainees if anything comes up requiring

19 medical attention. So the Trial Chamber will take up the matter, and the

20 parties will be informed accordingly as to what the report will say and

21 also whether or not any further treatment, after the initial interview

22 with the doctor, will be required.

23 If in the event of the condition of the accused deteriorating, the

24 Trial Chamber will be -- will appreciate communication from the Defence

25 counsel so that a decision can be made on what sort of examination --

Page 6831

1 medical examination to order through the Registrar's Office.

2 The proceedings will adjourn until further notice. The parties

3 will be notified as soon as possible once a decision has been made as to

4 when the proceedings will resume.

5 The Court will rise.

6 --- Whereupon the hearing adjourned at 2.27 p.m.