Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision of:
14 July 2005

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

ORDER ON MEDICAL OPINION BY THE CARDIOLOGIST

__________________________________________________

Office of the Prosecutor:

Ms. Carla Del Ponte
Mr. Geoffrey Nice

The Accused:

Mr. Slobodan Milosevic

Court Assigned Counsel:

Mr. Steven Kay, QC
Ms. Gillian Higgins

Amicus Curiae:

Prof. Timothy McCormack

 

THIS 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 ("the International Tribunal"),

HAVING STATED in the "Omnibus Order on Matters Arising out of Status Conference on the Defence Case", issued on 22 April 2005, "that the Trial Chamber will in due course seek advice from the Accusedís treating cardiologist as to whether it is appropriate to extend the sitting times",

CONSIDERING that, in the current circumstances, it is now appropriate for the Trial Chamber to seek such advice,

CONSIDERING the discussion at the Status Conference held on 14 April 2005 concerning the prosect of sitting longer hours and its possible impact on the health of the Accused,

NOTING the Trial Chamberís ruling in September 2003 that, in light of medical advice concerning the Accusedís health at that time, the Chamber would sit in this case for three days each week, which has continued to be the sitting regime,1

CONSIDERING that, in the current circumstances, it is appropriate for the Accusedís treating cardiologist, Dr. van Dijkman, to be asked to provide an opinion as to whether the Accused is able to sit longer than the current sitting schedule,

HEREBY ORDERS the Registrar to REQUEST Dr. van Dijkman to provide, by 8 August 2005, his medical opinionóbased on the available medical information and, if he considers it appropriate, any relevant examination of the Accusedóas to whether the Accused is now fit to sit longer than the current sitting schedule, including, but not limited to, the following possibilities:

  1. Sitting for longer on each of the three current sitting days;

  2. Sitting four or five days per week;

  3. Sitting in some other combination, such as four days per week in two or three out of every four weeks.

 

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

________________________
Judge Robinson
Presiding

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

[Seal of the Tribunal]


1. See "Decision on Prosecutionís Request for Variation of the Trial Chamberís Order Regarding the Trial Schedule", 2 October 2003, recalling the Chamberís oral ruling on 30 September 2003. This regime was established in accordance with advice from Dr. van Dijkman, the Accusedís treating cardiologist.