Judge Patrick Robinson, Presiding
Judge David Hunt
Judge Mohamed Bennouna

Mr. Hans Holthuis

Order of:
26 February 2001







The Office of the Prosecutor:

Ms. Nancy Paterson

Counsel for the Accused:

Mr. Deyan Brashich and Mr. Nikola Kostich, for Stevan Todorovic


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 a "Todorovic Defense Motion for Appointment of Expert Witnesses, Medical Examination, Notice of Diminished Mental Capacity as to Mitigation of Sentence only and for a Change in Scheduling Order so as to Allow Compliance with Time Constraints" filed by the Defence for Stevan Todorovic on 20 February 2001 ("the Motion") and the Prosecutor’s Response thereto ("theResponse"), filed by the Office of the Prosecution ("Prosecution") on 23 February 2001,

NOTING that the Defence seeks the following relief:

  1. an order that notice of diminished capacity as a factor to be taken into account in mitigation of sentence be deemed as timely filed pursuant to "Rule 64(A)(ii)";
  2. the appointment of two expert witnesses to conduct a medical examination of the accused pursuant to Rule 74 bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules"); and
  3. an extension of the time provided for submission of the Defence sentencing submission so as to allow the said experts to render an interim report pursuant to Rule 94 bis,

NOTING that the Prosecution raises no objection to the said medical examinations or to the extension of time for submission of the filings on sentencing but requests that, if the Motion is granted, the sentencing proceedings be set for hearing prior to 11 May 2001, the Prosecution be given a similar extension of time in which to file its brief on sentencing and be provided with copies of the expert report sufficiently in advance of the revised time for submission of briefs to permit the Prosecution to comment on the reports in its submission,

NOTING that the appropriate Rule governing the defence of diminished responsibility is Rule 67 (A)(ii) of the Rules,

NOTING that Rule 74 bis of the Rules requires that, in cases where the Trial Chamber orders medical examination of the accused, the task shall be entrusted by the Registrar of the International Tribunal to an expert whose name appears on a list drawn up by the Registry,

CONSIDERING that, pursuant to Rule 67 (A)(ii), it is in the interests of justice for the Trial Chamber to treat the Defence notice of diminished responsibility as timely served,

CONSIDERING that it is in the interests of justice that the Trial Chamber be in possession of all factors that would assist it to evaluate the relevant sentence to be imposed on the accused and, further, that the Prosecution has no objection to the medical examination of the accused,

CONSIDERING also that it will be necessary to vary the time-limits set by the Trial Chamber’s Order of 24 January 2001,

PURSUANT TO Rules 67, 74 bis and 127 of the Rules

HEREBY GRANTS the Motion and ORDERS as follows:

  1. a medical examination of the accused, Stevan Todorovic, shall be carried out and the Trial Chamber instructs the Registrar to entrust this task to the two experts identified in the Motion, provided that the names of both experts appear on the list drawn up by the Registry of the International Tribunal;
  2. a copy of the medical reports shall be filed no later than Tuesday 3 April 2001;
  3. the Defence shall, at the same time, file its notice of special defence of diminished responsibility; and
  4. the Order of 24 January 2001 is hereby varied such that all submissions and details of witnesses shall be filed by the parties by Tuesday 17 April 2001.


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

Patrick Robinson

Dated this twenty-sixth day of February 2001
At The Hague
The Netherlands

[Seal of the Tribunal]