Tribunal Criminal Tribunal for the Former Yugoslavia

Page 8593

1 Friday, 26 January 2001

2 [Motion Hearing]

3 [Closed session]

4 [Accused not present]

5 --- Upon commencing at 2.45 p.m.

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10 --- Recess taken at 3.25 p.m.

11 --- On resuming at 4.20 p.m.

12 [Ruling]

13 [Open session]

14 JUDGE RODRIGUES: [Interpretation] The Chamber renders its

15 decision.

16 On the 25th of January, 2001, the Defence counsel of the accused

17 Radislav Krstic filed an application for the provisional release until the

18 recovery of the health condition of the accused be improved so that he

19 might be considered physically and mentally fit to continue his trial.

20 This request states that the latter will be guided by all the obligations

21 and conditions that the Chamber imposes upon him.

22 The Chamber feels that this request was of an urgent nature, the

23 more so as surgery has been planned for next week and that, on the other

24 hand, doctors originating from the ex-Yugoslavia, being aware of the

25 medical condition of the accused, were available to meet with

Page 8611

1 General Krstic and, if necessary, to present to the Chamber their

2 assessments.

3 After having heard the parties, the Chamber decides to reject the

4 request. The Chamber notes, first of all, that it has taken all measures

5 within its powers to ensure that General Krstic should receive the

6 necessary treatment and that the Chamber should be informed on the

7 evolution of his condition and his possibility of continuing his trial.

8 The Chamber underlines in this connection that the trial has

9 reached its final stage, that approximately ten days of hearings remain to

10 complete the presentation of evidence, including the appearance of

11 witnesses for the Chamber.

12 The Chamber also finds that though the Defence appears to have

13 endeavoured to obtain from the authorities of the Republika Srpska, as

14 well as those of the Federal Republic of Yugoslavia, guarantees that the

15 accused would reappear in court, none of those guarantees were, in fact,

16 submitted to the Chamber at this stage.

17 The same Chamber underlines that every measure has been taken to

18 ensure that the recommended surgery should be carried out by doctors

19 within the shortest possible time; that this operation has as its aim to

20 resolve the problem of recurrent infections, to ease significantly the

21 suffering of the accused, and to check whether it will be necessary during

22 a subsequent surgery to undertake additional amputation, additional

23 surgery; that once this exploratory surgery has been completed, depending

24 on the recovery of the accused and the examinations of doctors and

25 experts, to see the conditions under which the trial may be resumed.

Page 8612

1 Finally, the Chamber was informed that the Yugoslav doctors who

2 will assist in the operation to which General Krstic will be subjected

3 should be authorised to visit the latter during the three or four days

4 following surgery, and after that, periodically.

5 The Chamber asks the registrar to take all measures which would

6 allow the accused to communicate with an interlocutor in his own language

7 in order to be able to explain any medical problems.

8 For these reasons, the Chamber rejects the request for the

9 provisional release of the accused, and the Chamber thanks Dr. Pantelic

10 and Dr. Kosutic for their attendance.

11 That is the ruling of the Chamber.

12 The hearing is now adjourned, and I wish you a pleasant weekend.

13 I also hope General Krstic will recover soon.

14 --- Whereupon the motion hearing adjourned at

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