IN THE TRIAL CHAMBER
Judge David Anthony Hunt, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Liu Daqun
Mr. Hans Holthuis
26 January 2001
ORDER FOR THE MEDICAL EXAMINATION
OF THE ACCUSED MILORAD KRNOJELAC
Office of the Prosecutor:
Mrs. Hildegard Uertz-Retzlaff
Ms. Peggy Kuo
Mr. William Smith
Counsel for the Accused:
Mr. Mihajlo Bakrac
Mr. Miroslav Vasic
This Trial Chamber of the International Criminal 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 "Defence Request for Medical Examination of the Accused" of 5 January 2001 ("Request"), in which the Defence seek the appointment of Ms Ana Najman to perform a psychological examination of the accused;
NOTING the "Prosecution Response to the Defence Request for Medical Examination of the Accused" of 8 January 2001 ("Response"), in which the Prosecution opposed the Defence Request;
NOTING that on 9 January 2001 this Trial Chamber wrote to Counsel for the accused and directed them to "identify the precise issue to which the requested psychological examination would be relevant, in the absence of any relevant issue raised in the Defence Pre-Trial Brief.";
NOTING the Defence "Supplement to Defence Request for Medical Examination of the Accused ("Supplement") of 12 January 2001;
NOTING that, following verbal discussions between Counsel for the Prosecution and Defence, the Prosecution filed on 17 January 2001 the ("Prosecution Response to Supplement to Defence Request for Medical Examination of the Accused" (Response to Supplement"), in which the Prosecution indicated that, subject to argument as to the relevance and admissibility of the findings of the examination, it would not object to the examination being ordered;
HAVING HEARD further argument on the Request in open session from both Counsel for the Prosecution and Defence on 25 January 2001, in which the Prosecution indicated their desire to have their own expert present to observe the examination of the accused;
ACCORDING to Rule 74 bis of the Rules of Procedure and Evidence
HEREBY ORDERS AS FOLLOWS:
(1) The Request is granted.
(2) The purpose of the psychological examination to be carried out is to establish the personality structure of the accused in order to help clarify his conduct in the situations of receiving orders, their understanding and execution, within the professional tasks he was assigned as head of a part of the prison, as well as of other requirements as asked from him in the war circumstances.
(3) The tests to be conducted are:
- a psycho-diagnostic interview with the accused;
- a psycho-diagnostic examination of intellectual capabilities by using the Wechller-Bellvi scale of intelligence, Raven test, Benton and Elizur tests, if necessary;
- a psycho-diagnostic examination of the structure and personal dynamics by using the Machover test, TNR, MMP1-202, Emotional profile index (PIE), Rorschach test;
- examination, evaluation and interpretation of the results.
(4) The examination will be conducted by Ms. Ana Najman.
(5) The prosecution shall nominate an expert of their own, preferably one who is from the former Yugoslavia and speaks the language of the accused, and communicate his or her name directly to the Registrar and Defence;
(6) The Registrar is directed to entrust to Ms Ana Najman and to the expert nominated by the Prosecution the examination of the accused sought and is requested to make all necessary arrangements for the said medical examination by the experts mentioned under 3 and 4.
Done in both English and French, the English version being authoritative.
Judge David Hunt
Dated this twenty-sixth day of January, 2001
At The Hague
[Seal of the Tribunal]