Case No. IT-01-42-T

IN TRIAL CHAMBER II

Before:
Judge Kevin Parker, Presiding
Judge Krister Thelin
Judge Christine Van Den Wyngaert

Registrar:
Mr. Hans Holthuis

Order of:
19 December 2003

PROSECUTOR

v.

PAVLE STRUGAR

___________________________________

DECISION ON THE DEFENCE MOTION FOR A MEDICAL EXAMINATION OF THE ACCUSED PURSUANT TO RULE 74 BIS OF THE RULES

___________________________________

The Office of the Prosecutor:

Mr. Susan Somers
Mr. Philip Weiner

Counsel for the Accused:

Mr. Goran Rodic
Mr. Vladimir Petrovic

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 ("Tribunal"),

NOTING the Accused Pavle Strugar’s Request for Medical Examination Pursuant to Rule 74 bis of the Rules of Procedure and Evidence ("Rules") dated 15 December 2003 ("Motion") in which the Defence requests a medical examination of the Accused to establish: (i) his fitness to stay in custody, (ii) the medical pre-conditions and treatment for his stay in custody, (iii) the Accused’s ability to stand trial, (iv) if it is found that the Accused is fit to stand trial, the practical arrangements which would be required to accommodate his medical condition,

NOTING the oral submissions of both parties on the Motion at the pre-trial conference on 15 December 2003 before Judge Orie, sitting in his capacity as pre-trial Judge,

NOTING the provisional ruling of the pre-trial Judge, declining to delay the start of trial on the basis of a review of the medical documentation advanced in support of the Motion, relating to the Accused’s health condition, and on the basis of the Judge’s personal impressions of the Accused’s behaviour in court, and the Accused’s earlier written submissions to the Chamber,¹

NOTING the Defence request to this Chamber on 16 December 2003 to deal with the Motion,

NOTING the further oral submissions of both parties on this Motion on 16 December 2003 before this Chamber,

NOTING this Chamber’s oral decision of 16 December 2003 finding that there was nothing in the medical documentation advanced in support of the Defence motion "which would justify or require the delay of the commencement of the trial", but that the Chamber would, nonetheless, "give further consideration to whether it might be desirable to order some further medical examination during the three week break",²

NOTING the written report of Dr. P.S.M. de Both, General Practitioner, dated 16 December 2003, on the medical condition of the Accused Pavle Strugar, based on his review of the relevant medical documentation, and his personal assessment of the Accused’s general condition,

CONSIDERING Dr. de Both’s opinion that Pavle Strugar is currently able to attend court,³ and the contents of the relevant medical documentation of Pavle Strugar,

CONSIDERING, therefore, that at this time, the Chamber sees no reason to order further medical examination of the Accused pursuant to Rule 74 bis of the Rules,

RECALLING that it is always open to the Defence to commission a report on the health condition of the Accused,

PURSUANT to Rule 54 of the Rules,

HEREBY dismisses the Defence motion, and

REQUESTS the Registrar to ensure that during the adjournment in the proceedings until 12 January 2004, the Accused is kept under observation by a medical doctor at the United Nations Detention Unit and that the Chamber is notified as to any deterioration in his general physical or mental condition.

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

Dated this nineteenth day of December 2003
At The Hague
The Netherlands

____________
Judge Kevin Parker
Presiding

[Seal of the Tribunal]