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IN THE TRIAL CHAMBER
Before:
Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald
Registrar:
Mrs. de Sampayo Garrido-Nijgh, Registrar
Decision of:
18 April 2000
THE PROSECUTOR
v.
MLADEN NALETILIC
VINKO MARTINOVIC
___________________________________________________
ORDER CONCERNING MOTION OF THE ACCUSED MLADEN NALETILIC
FOR A MEDICAL AND PSYCHIATRIC EXAM
___________________________________________________
The Office of the Prosecutor:
Mr. Franck Terrier
Defence Counsel:
Mr. Branko Seric
Mr. Kresimir Krsnik
TRIAL CHAMBER I 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;
NOTING the oral motion of the defence of the accused Mladen Naletilic for a medical examination at the initial appearance of the accused on 24 March 2000 and the subsequent written "Motion for Medical and Psychiatric Examination" filed by the accused on 10 April 2000, in which the accused asks for an examination to evaluate his mental and physical capacity to attend and participate in trial proceedings;
NOTING that the Prosecution indicated that it did not oppose the oral defence motion for such examination at the initial appearance on 24 March 2000;
NOTING that Rule 74 bis of the Rules of Procedure and Evidence permits the Trial Chamber to order a medical, psychiatric, or psychological examination of the accused;
CONSIDERING that there is evidence in the record about the accuseds coronary condition and its impact on his health and capacity for activity and stress;
FOR THE FOREGOING REASONS,
ORDERS that an expert medical and psychological evaluation of the accused Mladen Naletilic be conducted to determine his mental and physical capacity to attend and participate in his trial;
and
INSTRUCTS the Registrar to take all necessary steps to implement this order so that the experts report be filed no later than 25 May 2000.
Done in French and English, the English version being authoritative.
Done this eighteenth day of April 2000,
At The Hague,
The Netherlands.
___________
Almiro Rodrigues
Presiding Judge, Trial Chamber I
(Seal of the Tribunal)
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