IN THE TRIAL CHAMBER
Judge Florence Ndepele Mwachande Mumba, Presiding
Judge David Anthony Hunt
Judge Fausto Pocar
Mrs. Dorothee de Sampayo Garrido-Nijgh
21 September 2000
ORDER FOR MEDICAL EXAMINATION
OF THE ACCUSED ZORAN VUKOVIC
Office of the Prosecutor:
Mr. Dirk Ryneveld
Ms. Peggy Kuo
Ms. Hildegard Uertz-Retzlaff
Counsel for the Accused:
Mr. Slavisa Prodanovic and Ms. Mara Pilipovic for the accused
Mr. Momir Kolesar and Mr. Vladimir Rajic for the accused Radomir Kovac
Mr. Goran Jovanovic and Ms. Jelena Lopicic for the accused Zoran Vukovic
This Trial Chamber of the International Criminal Tribunal for the Former Yugoslavia,
NOTING the confidential Defence Motion for Medical Examination of the Accused Zoran Vukovic of 21 September 2000 ("Motion"), in which the Defence requests that the accused Zoran Vukovic be medically examined in order to establish that he suffered an injury to his testicles on 15 June 1992, namely a "contusion with big hematoms" (p 2 of the Motion), on the basis that such an injury would leave marks that would still be visible for a medical expert even after eight years, and that Dr. Dusan Dunjic, Belgrade, be included in the panel of medical experts carrying out the examination;
HAVING HEARD argument on the Motion in open session from both Counsel for the Defence and the Prosecutor in the status conference of 21 September 2000, in which the Prosecutor declared that she has no objection to the Motion, but would wish to have her own expert participate in the examination of the accused Zoran Vukovic;
ACCORDING to Rule 74 bis of the Rules of Procedure and Evidence
HEREBY ORDERS AS FOLLOWS:
The Motion is granted.
The confidentiality of the Motion is lifted.
The purpose of the medical examination to be carried out is to ascertain whether or not there are physical marks with respect to the scrotum or testicles of the accused Zoran Vukovic that are consistent with an injury to these parts alleged to have been suffered in June 1992.
The defence expert Dusan Dunjic may participate in the examination.
The Prosecutor shall nominate an expert of her own not later than 25 September 2000, 16.00 p.m., and communicate his or her name directly to the Registrar and the Defence.
The Registrar is requested to make all necessary arrangements for the said medical examination by the experts mentioned under 4. and 5., and to appoint an additional expert in the field.
The written reports of the three medical experts shall be filed on 11 October 2000 or earlier, if available.
The Trial Chamber will indicate the date for the resumption of hearings.
Done in both English and French, the English version being authoritative.
Dated this twenty-first day of September 2000,
At The Hague,
[Seal of the Tribunal]