BEFORE TRIAL CHAMBER I SECTION A

Before:
Judge Liu Daqun, Presiding
Judge Maureen Harding Clark
Judge Fatoumata Diarra

Registrar:
Mr. Hans Holthuis

Order of:
6 November 2001

PROSECUTOR

v.

MLADEN NALETILIC aka "TUTA"
and
VINKO MARTINOVIC aka "STELA"

___________________________________________________________

DECISION ON MOTIONS FOR ALTERNATIVE TRIAL SCHEDULES AND ORAL HEARING

___________________________________________________________

The Office of the Prosecutor:

Mr. Kenneth Scott

Counsel for the Accused:

Mr. Kresimir Krsnik, for Mladen Naletilic
Mr. Branko Seric, for Vinko Martinovic

 

TRIAL CHAMBER I, SECTION A ("the Chamber") 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 SEISED OF the "Request for Alternative Trial Schedule due to Accused Medical Condition and Defence Counselís Schedule" filed on 25 September 2001 ("the Motion"), whereby Counsel for Mladen Naletilic requests that the Trial Chamber changes its court schedule so that there would be no hearings on Wednesday afternoon due to the physical condition of the accused Mladen Naletilic and due to that the current trial schedule "places an unfair burden on the defence team";

BEING SEISED OF "The Naletilic Defence Request for a Hearing on Request for Alternative Trial Schedule due to Accused Medical Condition and Defence Counselís Schedule", filed on 25 September 2001 ("the Motion for Hearing"), whereby Counsel for Malden Naletilic requests an oral hearing on the Motion;

BEING SEISED OF "The Martinovic Defence Joinder in Co-Accused Mladen Naletilic Request for Alternative Trial Schedule", filed on 26 September 2001 ("the Joinder");

BEING SEISED OF the "Prosecutorís Response to Defence Request for Alternative Trial Schedule due to Accused medical Condition and Defence Counselís Schedule; and Motion for an Alternative Trial Schedule" ("the Prosecutorís Motion"), filed on 2 October 2001, whereby the Prosecutor is opposing the Motion and, in addition, is requesting an alternative longer trial schedule;

NOTING the "Order Relating to Defenceís Request for Alternative Trial Schedule due to Accused Medical Condition", issued on 9 October 2001, whereby the Chamber requested the Registry to arrange for an independent medical expert to conduct a medical examination of the accused Mladen Naletilic in order to make suggestions to the Chamber as to his physical capability to sit the different trial schedules;

CONSIDERING that the accused Mladen Naletilic on 2 November 2001 was transported to a medical facility in order to undergo the ordered medical examination;

CONSIDERING that the Chamber was informed by the Registry on 2 November 2001 that the accused, upon his arrival at the medical facility, suddenly refused to undergo the medical examination;

CONSIDERING that the medical examination was in the interest of the accused and that he would certainly not have interfered with the medical examination if the Motion with regard to his alleged physical incapability to sit the scheduled court hours was filed bona fide in the first place;

CONSIDERING further that the non-cooperation of the accused Mladen Naletilic to undergo medical examination on 2 November 2001 at the medical facility will be taken into account, should further requests for alternative trial schedule be made by his counsel;

CONSIDERING that the current trial schedule is within average court hours of the Tribunal and in particular, does not, as claimed in the Motion, place any "unfair burden on the defence team";

FOR THE FOREGOING REASONS

DENIES the Motion, the Motion for Hearing, the Joinder and the Prosecutorís Motion;

 

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

Dated this sixth day of November 2001,
At The Hague,
The Netherlands

Judge Liu Daqun
Presiding Judge

[Seal of the Tribunal]