Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
12 May 2000





The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Michael Keegan
Mr. Kapila Waidyaratne

Defence Counsels:

Mr. Krstan Simic for Miroslav Kvocka
Mr. Zarko Nikolic for Milojica Kos
Mr. Toma Fila for Mladjo Radic
Mr. Simo Tosic for Zoran Zigic
Mr. Jovan Simic for Dragoljub Prcac


TRIAL CHAMBER I 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 Tribunal");

BEING SEIZED of the Defense "Motion for a Medical Expert and a Police Law Expert Hearing" filed on 21 April 2000;

NOTING Article 18 of the Directive on Assignment of Defense Counsel (hereby "the Directive");

CONSIDERING that the Defense is of the view that it is necessary and in the interest of justice to hear a police law expert; that for this purpose, the Defense requests the authorization from Trial Chamber for reimbursement of costs and expenses of 70 hours work incurred by appointment of Mrs. Ljiljana Mijovic, who will study the police law and draft a report;

CONSIDERING however that it is up to the Defense to decide the relevance and utility of such an expert opinion; that it is not up to the Trial Chamber to decide, at this stage, whether to authorize costs and expenses for such an expert; that Mr. Kvocka’s Defense was assigned to him by the Registrar, who applies the Directive, which governs modalities of assignment of Defence Counsel; that the Defense must therefore request the authorization to obtain the reimbursement of costs and expenses to the Registry, as required by the Directive ;

CONSIDERING that the Defense also argues that a psychiatric examination of the accused, conducted by Mr. Bogdan Stojakovic, would reveal relevant psychological characteristics of the accused; that the Defense requests the payment of 30 hours work for Mr. Stojakovic to examine the accused and draft a report;

CONSIDERING that the Chamber deems that a psychiatric examination of the accused might reveal relevant indications regarding his mental state before, during and after the commission of acts attributed to him and this might disclose circumstances necessary to be taken into consideration for the sentencing; that however, the Trial Chamber is not competent to decide upon the number of hours needed to produce such an opinion and that experts must be designated in conformity with Rule 74 bis of the Rules of Procedure and Evidence (hereinafter "the Rules");

PURSUANT to Rules 54, 74 bis and 94 bis of the Rules of Procedure and Evidence;

DECLARES that the Defense should address itself to the Registry for authorization to meet costs and expenses related to a expert opinion in police law, as required by Article 18 of the Directive;

HEREBY ORDERS a psychiatric examination of the accused Miroslav Kvocka proceed in conformity with the regulations of the profession with the purpose of, among other things:

  1. giving indications regarding the past and present physical and mental ability of the accused;
  2. making any necessary observations on the mental state of the accused during the commission of the alleged crimes and interpreting the results obtained;
  3. giving information on the present psychological state of the accused and on his potential ability to be reintegrated into society, and formulating any needed recommendations in this regard;

REQUESTS the Registry to assign this task to two experts, one of them being Mr. Stojakovic, the expert psychiatrist proposed by the Defense, if he satisfies the Registrar that he meets the criteria to have his name on the list mentioned in Rule 74 bis;

DECLARES that a joint written report of the evaluations, observations and recommendations formulated by the psychiatric experts shall be transmitted to the Registry the latest before 19 June 2000.

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


Almiro Rodrigues
Presiding Judge

Dated this Twelfth Day of May 2000,
At The Hague
The Netherlands.

[Seal of the Tribunal]