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Erdemovic case: pre-sentencing hearing scheduled for 19 and 20 November 1996.

Press Release

(Exclusively for the use of the media. Not an official document)

The Hague, 21 October 1996

Erdemovic case: pre-sentencing hearing scheduled for 19 and 20 November 1996.


An in camera status conference in the case of Drazen ERDEMOVIC was held before Trial Chamber I, presided over by Judge Claude JORDA, on 18 October 1996.

The purpose of the hearing was to consider the results of the psychiatric and psychological examinations ordered by the Chamber on 4 July 1996 and conducted by three independent experts (A.L. Elsman and M.M. de Groot from the Netherlands, and Prof. Maric from the Federal Republic of Yugoslavia). The medical experts concluded that "in his present state, the accused must be considered as capable of being judged".

Consequently, and with all parties' agreement, the Judges have scheduled the pre-trial sentencing hearing for Tuesday 19 and Wednesday 20 November 1996, as provided for under Article 100 of the Tribunal's Rules of Procedure and Evidence.

Rule 100 provides that, where an accused pleads guilty, the Prosecution and the Defence may "submit any relevant information that may assist the Trial Chamber in determining the appropriate sentence".

According to the Statute and Rules of Procedure and Evidence, such "relevant information" relates to the gravity of the offence, the individual circumstances of the accused as well as the presence of any aggravating or mitigating circumstances.

During an additional in camera hearing on 18 October 1996, Trial Chamber I considered protective measures for a defence witness expected to testify at the pre-sentencing hearing. This witness will be called X; his name, his address and all other identifying information will be withheld from the public and the media; his entry and exit from the Tribunal will be secured; and image and voice distortion devices will be utilised during the hearing.

International Criminal Tribunal for the former Yugoslavia

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