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:
15 November 2005

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

ORDER FOR EXPERT MEDICAL REPORTS

__________________________________________________

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"),

CONSIDERING the tendering of three medical reports by the Accused in court this morning and the statement that his intention in presenting these reports was "Nothing other than asking the Trial Chamber not to ignore what it says in the doctors' report, and that means that they said quite specifically suspension of all physical and mental activities for a minimum period of six weeks",

NOTING the content of the medical reports from the three doctors: Dr. Shumilina (an Angiologist); Professor Vukasin Andric (an Otorhinoralygologist), and Professor F. Leclercq (a Cardiologist),

NOTING the "Joint Opinion on the Combined Medical Examination…", appended to the medical reports, which concludes, in part, that "the patient should be prescribed a period of rest, i.e. the suspension of all physical and mental activities [sic] a minimum of 6 weeks, which will probably reduce – or at least stabilize – the symptoms",

NOTING the Report of Dr. Falke, the treating doctor of the United Nations Detention Unit ("UNDU") of 11 November 2005, advising that the Accused was unfit to attend court on that day due to exhaustion, and stating that the Accused attributed his tiredness to "noises he experiences in his ears",

NOTING FURTHER the Report of Dr. Falke of 14 November 2005,

  1. in which, after referring to his earlier report of 11 November, he concluded that the Accused’s "hearing problem is not the main issue";

  2. stating that the ear, nose and throat specialist treating the Accused had conducted thorough diagnostics and that "there are no pathological findings which could explain the complaints of the patient" and that "[c]ontrary to the joint conclusion of the Visiting Doctors, the treating specialist concludes that it is unlikely that the vascular abnormalities have a direct relationship with the symptoms complained of. The treating specialist states that a period of rest will have no positive effect upon his symptoms. Indeed, he has had short rest periods in the recent past and they have not reduced the symptoms complained of";

  3. stating that, in accordance with the recommendations of the treating ear, nose and throat specialist, the Accused will continue to undergo a normal regime of check-ups; and
  4. stating that "Mr. Milosevic himself states that he is fit to stand trial and to defend himself and I have no objections to this from a medical point of view",

CONSIDERING that, since this is a matter which relates to the health of the Accused, the expert medical opinion of the Accused’s treating specialists is required as a matter of urgency,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY ORDERS BY MAJORITY (Judge Bonomy dissenting) THE REGISTRAR to arrange an examination, if necessary, and to obtain the expert medical reports of the treating cardiologist, Dr. van Dijkman and the treating Ear, Nose and Throat specialist of the Accused, by Monday, 21 November 2005, on the content and recommendations of the reports of the three visiting doctors, including but not limited to:

  1. The reference by Dr. Shumilina to "inadequate treatment and the necessity of additional tests" set out on page 2 of his report; and

  2. The "Joint Opinion on the Combined Medical Examination…", appended to the medical reports, in particular that "the patient should be prescribed a period of rest, i.e. the suspension of all physical and mental activities [sic] a minimum of 6 weeks, which will probably reduce – or at least stabilize – the symptoms".

 

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

__________________________
Judge Robinson
Presiding

Judge Bonomy will file a Dissenting Opinion in due course.

Dated this fifteenth day of November 2005
At The Hague
The Netherlands

[Seal of the Tribunal]