IN THE TRIAL CHAMBER

Before:
Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
21 June 2000

THE PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS
MLADO RADIC
ZORAN ZIGIC
DRAGOLJUB PRCAC

_________________________________________________

DECISION ON DEFENSE REQUEST FOR ASSIGNMENT OF MEDICAL AND PSYCHIATRIC EXPERTS FOR THE ACCUSED ZORAN ZIGIC

_________________________________________________

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 "Request for Medical Examination of the accused Zoran Zigic" dated 26 May 2000 and filed in English on 29 May 2000 and in French on 6 June 2000;

CONSIDERING that the Defense submits that a medical and psychiatric examination of the accused Zoran Zigic (hereinafter "the accused"), conducted by Mr. Zeljko Karan and Mr. Slobodan Stankovic respectively, would provide relevant information regarding the physical and mental condition of the accused at the time of the alleged commission of the crimes he is charged with in count 38 of the indictment;

CONSIDERING that the Chamber deems that a medical and psychiatric examination of the accused might provide relevant information regarding the accused’s physical and mental state before, during and after the commission of acts attributed to him, which might be taken into consideration, if and where appropriate, for sentencing purpose;

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

HEREBY ORDERS a medical and psychiatric examination of the accused Zoran Zigic, to be conducted in conformity with the regulations of the profession, with the purpose of, among other things:

  1. Giving information 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 one of the expert recommended by the Defense, should the Registrar be satisfied 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 medical and psychiatric experts shall be transmitted to the Registry no later than 28 July 2000.

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

 

___________
Almiro Rodrigues
Presiding Judge

Done this Twenty-first Day of June 2000,
At The Hague
The Netherlands.

[Seal of the Tribunal]