IN TRIAL CHAMBER II

Before:
Judge David Hunt, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Liu Daqun

Registrar:
Mr Hans Holthuis

Decision of:
24 July 2001

PROSECUTOR

v

Mitar VASILJEVIC

___________________________________________

ORDER AUTHORISING THE MEDICAL EXAMINATION OF THE ACCUSED

___________________________________________

The Office of the Prosecutor:

Mr Dermot Groome
Mr Ossogo
Ms Sabine Bauer

Counsel for accused

Mr Vladimir Domazet

 

TRIAL CHAMBER II

BEING SEISED of the "Prosecutionís Second Application for an Order authorising the Medical Examination of the Accused pursuant to Rule 72 bis" ("Application") filed by the prosecution on 17  July 2001;

NOTING that the Application is in fact made under Rule 74 bis of the Rules of Procedure and Evidence ("Rules");

CONSIDERING that such an order can only be made by consent;

NOTING the statement made by the Defence at the Pre-Trial Conference held on 20 July 2001 that the Defence consented to the Application;

PURSUANT TO Rule 74 bis of the Rules;

HEREBY GRANTS the Application and orders that:

  1. A radiological examination (x-ray) of the accusedís lower left and right legs be conducted. The films of these x-rays are to be provided to the Office of the Prosecutor for comparison by an expert of their choosing. The Office of the Prosecutor is to make the x-ray films available to the defence for examination by any defence expert upon request.
  2. The Registrar is directed to appoint an expert qualified to take an x-ray film of the accusedís legs.
  3. The Registrar is directed to notify the prosecution as soon as the expert has been nominated and to direct the expert that no new x-ray should be taken until he or she has been briefed by the prosecutionís expert or by a member of the Office of the Prosecutor regarding the way in which the x-ray is to be taken.

 

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

Dated this 24th day of July 2001,
At The Hague,
The Netherlands

______________________
Judge David Hunt
Presiding Judge

[Seal of the Tribunal]