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:
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:
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]