Decision on Request by the Accused Dario Kordic for a written Opinion from the Warden of the UN Detention Unit concerning the Accused's Character and Behabiour during Custody

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
4 December 2000

PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ

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DECISION ON REQUEST BY THE ACCUSED DARIO KORDIC FOR A WRITTEN OPINION FROM THE WARDEN OF THE UNITED NATIONS DETENTION UNIT CONCERNING THE ACCUSED’S CHARACTER AND BEHAVIOUR DURING CUSTODY

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The Office of the Prosecutor

Mr. Geoffrey Nice
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott

Defence Counsel

Mr. Mitko Naumovski and Mr. Stephen Sayers, for Dario Kordic
Mr. Bozidar Kovacic and Mr. Goran Mikulicic, for Mario Cerkez

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"),

BEING SEISED of "Accused Dario Kordic’s Request for a Written Opinion from the Warden of the United Nations Detention Unit in Scheveningen Concerning the Accused’s Character and Behaviour of the Accused During Custody", filed by counsel for Dario Kordic ("the Defence") on 30 November 2000 ("the Request")

NOTING that the Defence requests the Trial Chamber to order the Head of the United Nations Detention Unit, Mr. Timothy McFadden, to issue a written opinion about the character and behaviour of Mario Cerkez during his custody in the UN Detention Unit,

CONSIDERING that on 29 November 2000 the Trial Chamber denied a similar request sought on behalf of the co-accused in this case, Mario Cerkez, noting that, if the Defence wishes to obtain such an opinion, it may direct its request to Mr. McFadden,

CONSIDERING that no reason has been given in the Request that would justify the Trial Chamber in making a different determination in respect of the accused, Dario Kordic,

PURSUANT TO Rule 54 of the Rules,

HEREBY DENIES THE REQUEST.

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

___________________________
Richard May
Presiding

Dated this fourth day of December 2000
At The Hague
The Netherlands

[Seal of the Tribunal]