Case No. IT-03-69-PT

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Decision:
22 October 2003

PROSECUTOR

v.

JOVICA STANISIC
FRANKO SIMATOVIC

_________________________________________

DECISION ON DEFENCE (JOVICA STANISIC) MOTION FOR MEDICAL EXAMINATION PURSUANT TO RULE 74bis

_________________________________________

Office of the Prosecutor:

Mr. Dermot Groome
Ms. Camille Bibles

Counsel for Accused:

Mr. Vladen Vukcevic and Mr. Gerardus Godefridus Johannes Alexander Knoops, for Mr. Jovica Stanisic
Mr. Zoran Jovanovic, for Franko Simatovic

 

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 ("International Tribunal"),

BEING SEISED of a confidential "Defence Motion for Medical (Psychiatric) Examination pursuant to Rule 74bis", filed by the Defence of Jovica Stanisic ("Defence") on 01 October 2003 ("Motion"), requesting (1) that the Trial Chamber order that the forensic psychiatrist, Dr. Joseph Marie Johannes Fransiscus Offermans, be appointed as a Defence expert to investigate the mental condition of Jovica Stanisic ("Accused"), pursuant to Rule 74bis of the Rules of Procedure and Evidence ("Rules"), despite the fact that Dr. Offermans is not an expert whose name appears on the official Registry list of experts, and (2) that specific questions, included in the Motion, be put to Dr. Offermans to answer in his expert report to the Trial Chamber,

HAVING CONSIDERED the Defenceís arguments in the Motion and the attached medical reports,

NOTING the confidential "Prosecution Response to Motion by Jovica Stanisic for Medical (Psychiatric) Examination pursuant to Rule 74bis", filed by the Office of the Prosecutor ("Prosecution") on 15 October 2003 ("Response"), not opposing the Motion and requesting that the Trial Chamber appoint, in addition, Dr. Vera Folnegovic-Smalc to evaluate the mental condition of the Accused,

HAVING CONSIDERED the Prosecutionís arguments in the Response,

CONSIDERING that Rule 74bis provides that a Trial Chamber may, propio motu or at the request of a party, order a medical, psychiatric, or psychological examination of the Accused and that, when a Trial Chamber makes such an order, the Registrar, unless otherwise ordered by the Trial Chamber, shall entrust this task to one or several experts whose names appear on a list previously drawn up by the Registry and approved by the Bureau of the International Tribunal,

CONSIDERING further that Rule 74bis is intended for the appointment of independent experts, rather than for the selection of experts by parties to a proceeding before the International Tribunal,

CONSIDERING that the Defence has not demonstrated the need for the appointment of an independent expert under Rule 74bis,

NOTING that the Defence is permitted to retain its own expert to examine the Accused and prepare an appropriate report to be submitted to the Trial Chamber,

PURSUANT to Rule 74bis of the Rules,

HEREBY DENIES the Motion.

 

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

__________
Richard May
Presiding

Dated this 22nd day of October 2003
At The Hague
The Netherlands

[Seal of the Tribunal]