Case No. IT-03-67-PT


Judge Carmel Agius
Judge Jean Claude Antonetti
Judge Kevin Parker

Mr. Hans Holthuis

Order of:
11 July 2005







Counsel for the Prosecutor:

Ms. Hildegard Uertz-Retzlaff
Mr. Ulrich Mussemeyer
Mr. Daniel Saxon

The Accused:

Mr. Vojislav Seselj

Standby counsel:

Mr. Tjarda Eduard van der Spoel

TRIAL CHAMBER II ("Trial 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 ("Tribunal");

NOTING that during the Status Conference on 30 May 2005 Vojislav Seselj ("Accused") informed the Trial Chamber that in February 2005 he was moved from the block of prison cells which has a ventilation system and where the windows cannot be opened to the block of prison cells where the windows can be opened, and that as a result his asthma has been aggravated following the move and he has requested to be moved back to the block where the windows do not open;

NOTING that the Trial Chamber has sought information from the Registrar and the Commander of the United Nations Detention Unit ("UNDU"), particularly to find out if the Accused has raised this matter with UNDU authorities and if he has, whether this has been adequately addressed;

NOTING FURTHER that the Chief of the UNDU, Mr. McFadden has informed the Trial Chamber that he has given the Accused’s complaint "some consideration" and in line with his original decision to transfer the Accused in the same place for reasons of maintaining "good order" in the unit, he concluded that the Accused should remain where he is;

NOTING that part of the basis for this decision of the Chief of UNDU appears to lie in the assessment by the Medical Officer of UNDU Dr Falke of the allergic asthma condition of the Accused and his conclusion that the different environmental conditions of the new unit and cell are of no medical relevance to the Accused’s complaint and as a result he decided not to advise the Chief of the UNDU of the Accused’s request;

NOTING also that while the Accused has stated in open court that prior to his transfer to the new cell he did not have his medication augmented at any time, Dr Falke seems to indicate that there has not been a change in the pattern of medication since the Accused’s transfer to the new cell;

NOTING that the Trial Chamber does not doubt for a moment that although the conditions in the cell blocks where the Accused is presently housed are of appropriate standard, it need not follow that the health of a particular detainee housed therein cannot be adversely impacted by the environment in that block;

NOTING FURTHER that in the management of UNDU, it is necessary to take into account the medical condition of each detainee;

NOTING further that although it seems that the Accused has never formalised his request to be transferred to the previous unit in writing, he has made this request verbally as confirmed by Dr Falke and by the Chief of UNDU Mr McFadden;

CONSIDERING that following the enquiries made with the Registrar and the Chief of UNDU on the matter, the Trial Chamber is persuaded that as a precaution it would be appropriate to have the Accused’s concern that his particular health condition is adversely affected investigated further;

CONSIDERING further that in the circumstances, it would be desirable to secure the assistance of experts who specialise in this field;


ORDERS the Registrar to appoint a medical expert in the field of allergic asthma and an environmental expert to report to the Trial Chamber after liaising with each other, either separately or jointly as they consider appropriate regarding:

1. the air quality in the cell blocks used by UNDU, especially the cell blocks presently and previously housing the Accused, with specific reference to any allergen relevant to the Accused’s condition;

2. the medical history of the Accused since his arrival at UNDU, concerning his asthmatic condition and the treatment he has been receiving;

3. the impact, if at all, that the movement of the Accused to a different cell block is having on the asthmatic condition of the Accused;

4. any recommendations considered appropriate;

5. it is requested that the Registrar should try to ensure that the reports are available within 3 weeks of this Order;

6. for the purpose of carrying out his assignment the medical expert is authorized to conduct any medical examinations on the Accused which the Accused consents to.


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

Judge Carmel Agius
Pre-Trial Judge

Dated this eleventh day of July 2005
At The Hague
The Netherlands

[Seal of the Tribunal]