Case No.: IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision of:
21 November 2005
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
ORDER ADJOURNING TRIAL AND FOR A FURTHER MEDICAL REPORT
__________________________________________________
Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused:
Mr. Slobodan Milosevic
Court Assigned Counsel:
Mr. Steven Kay, QC
Ms. Gillian Higgins
Amicus Curiae:
Prof. Timothy McCormack
THIS 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 ("the International Tribunal"),
NOTING the absence of the Accused in court this morning on account of his ill health,
NOTING that, until 11 November 2005, the chronic cardiovascular problems experienced by the Accused have not, for over one year, caused any interruption to the three day per week trial schedule,1
CONSIDERING the medical report received today from the Medical Officer of the United Nations Detention Unit, Dr. Falke, in which he states:
"[The Accused’s] blood pressure is beyond the acceptable parameters…he is not fit to attend court…Taking into account that his blood pressure was unacceptably high last week, it will take some time to stabilize the situation, therefore I recommend that he does not attend court for the rest of this week",
CONSIDERING the Trial Chamber’s "Order for Expert Medical Reports", issued on 15 November 2005, in which it ordered as follows:
…THE REGISTRAR to arrange an examination, if necessary, and to obtain the expert medical reports of the treating cardiologist, Dr. van Dijkman and the treating Ear, Nose and Throat specialist of the Accused, by Monday, 21 November 2005, on the content and recommendations of the reports of the three visiting doctors, including but not limited to:
NOTING that in the report from Dr. van Dijkman in response to the Chamber’s Order, dated 18 November 2005, it does not appear that he has addressed the reference in Order (i) of the 15 November 2005 Order relating to Dr. Shumilina’s report,
CONSIDERING that
PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal
HEREBY
Done in English and French, the English text being authoritative.
________________________
Judge Robinson
Presiding
Dated this twenty-first day of November 2005
At The Hague
The Netherlands
[Seal of the Tribunal]