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" " Bosanski Samac, Prosecutor v. Simic et al., Order for a Further Medical Evaluation, IT-95-9 (ICTY TC, Oct. 05, 1998)

IN THE TRIAL CHAMBER

 Before:
Judge Claude Jorda, Presiding
Judge Fouad Riad
Judge Almiro Simões Rodrigues

Registrar:
Mr. Jean-Jacques Heintz, Deputy Registrar

Order of:
5 October 1998

THE PROSECUTOR

v.

STEVAN TODOROVIC

_________________________________

ORDER FOR A FURTHER MEDICAL EVALUATION

__________________________________

 The Office of the Prosecutor:

Mr. Grant Nieman
Ms. Nancy Paterson
Mr. John Michelich

Defence Counsel:

Mr. Goran Neskovic

 

TRIAL CHAMBER I of the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991;

PURSUANT to Rule 54 of the Rules of Procedure and Evidence;

NOTING the Defence application for an order for a medical evaluation, dated 1 October 1998;

CONSIDERING that the accused was wounded at the time of his arrest;

CONSIDERING that, upon his arrival at The Hague, he was examined by the physician of the detention unit as well as by a neurologist;

CONSIDERING that the neurologist concluded that, as the matter stood, an MRI was not necessary;

CONSIDERING that, in support of its application, the Defence filed a document from a physician in Belgrade stating the need to resort to a "CAT-scan of the brain and/or an MRI";

CONSIDERING that, although no conclusions can be drawn from that document since the said physician did not examine the accused, and, that moreover, it contains irrelevant comments, the Trial Chamber deems that, in view of the nature of the application and the arguments presented at the initial appearance hearing of 30 September 1998, the application must be granted;

FOR THE FOREGOING REASONS

ORDERS that a further medical evaluation of the accused be carried out to specify, inter alia, whether an MRI should be done;

REQUESTS that the Registrar designate an expert for that purpose;

STATES that the expert shall submit his report eight days from the present order; and

STATES that, should medical tests be required, the Registrar shall make the necessary arrangements.

 

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

Done this fifth day of October 1998,
At The Hague
The Netherlands.

(Signed)
_________________________________
Claude Jorda
Presiding Judge Trial Chamber I

 (Seal of the Tribunal)

   

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