Case No: IT-01-47-PT


Before: Judge Florence Ndepele Mwachande Mumba, Pre-Trial Judge

Registrar: Mr Hans Holthuis

Order of: 27 November 2001







The Office of the Prosecutor:

Ms Jocelyne Bodson
Mr Ekkehard Withopf

Counsel for the Accused:

Ms Edina Residovic for Enver Hadzihasanovic
Mr Vasvija Vidovic and Mr John Jones for Mehmed Alagic
Mr Fahrudin Ibrisimovic for Amir Kubura


I, Florence Ndepele Mwachande Mumba, Pre-Trial Judge in this case,

BEING SEIZED of an application for an urgent medical examination of the accused Mehmed Alagic ("accused"), requested in the confidential "Application for Provisional Release of Mehmed Alagic", filed on 15 November 2001 ("Application");

NOTING Enclosure 6 to the Application, the medical report dated 18 September 20011 of Dr Dumusic ("Dumusic report");

NOTING that it is requested that a medical expert in The Netherlands should be appointed to examine the accused in order to confirm the findings in the Dumusic report, and to "contend with" those medical findings, which it is submitted, bring to light urgent and fatal risks to the accused;

CONSIDERING that at a meeting between the parties and the Senior Legal Officer held today in terms of Rule 65 ter (D)(v), the Prosecution indicated that it will not oppose the Application in any respect;

CONSIDERIING that an additional medical examination by a medical doctor appointed by the Tribunal may provide the Trial Chamber with a more recent assessment of the health status of the accused, which could assist it in determining, inter alia, the pending provisional release request;

PURSUANT TO Rules 65 ter and 74 bis,

HEREBY ORDER that a medical doctor be appointed immediately to examine the accused, taking into account in particular the Dumusic report, which must be disclosed to him/her, and that he/she must report back to the Trial Chamber as soon as possible on his/her medical findings, including whether it will be detrimental to the accused’s health to remain in detention awaiting trial;

AND HEREBY REQUEST the Registry to make the necessary arrangements for this order to be complied with as a matter of urgency.


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

Done the twenty-seventh day of November 2001
At The Hague
The Netherlands

Florence Ndepele Mwachande Mumba
Pre-Trial Judge

[Seal of the Tribunal]
1 - The date appearing on the said report. The date referred to in the Application itself is 18 Sept 2000.