IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson
Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of:
29 November 2000
PROSECUTOR
v.
DARIO KORDIC
MARIO CERKEZ
______________________________________________
ORDER ON A REQUEST BY THE ACCUSED MARIO CERKEZ
SEEKING
AN OPINION FROM THE HEAD OF THE UN DETENTION UNIT
______________________________________________
The Office of the Prosecutor
Mr. Geoffrey Nice
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott
Defence Counsel
Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. David F. Geneson, Mr. Turner T. Smith, Jr.,
and Ms. Ksenija Turkovic, 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 Mario Cerkez’s Request for an Written Opinion of UN Detention Units SsicC Warden About Character and Behaviour of the Accused During His Custody", filed by the Defence for Mario Cerkez ("the Defence") on 24 November 2000 ("the Request")
NOTING that the Defence requests the Trial Chamber to order the Head of the UN Detention Unit, Mr. Timothy McFadden, to issue a written opinion, or alternatively to testify, about the character and behaviour of Mario Cerkez during his custody in the UN Detention Unit,
CONSIDERING that the Trial Chamber believes that it would be inappropriate to order Mr. McFadden to provide such an opinion,
NOTING that if the Defence wishes to obtain such an opinion, it may direct its request to Mr. McFadden,
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 twenty-ninth day of November 2000
At The Hague
The Netherlands
[Seal of the Tribunal]