Susica Camp, Prosecutor v. D. Nikolic, Warrant of Arrest, IT-94-2 (ICTY TC, Nov. 04, 1994)

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Omarska, Keraterm & Trnopolje Camps, Prosecutor v. Kvocka et al., Decision on Defense Request for Assignment of Experts for the Accused Dragoljub Prcac, IT-98-30/1 (ICTY TC, May. 18, 2000)
IN THE TRIAL CHAMBER

Before:
Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
18 May 2000

THE PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS
MLADO RADIC
ZORAN ZIGIC
DRAGOLJUB PRCAC

DECISION ON DEFENSE REQUEST FOR ASSIGNMENT OF EXPERTS FOR THE ACCUSED DRAGOLJUB PRCAC

The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Michael Keegan
Mr. Kapila Waidyaratne

Defence Counsels:

Mr. Krstan Simic for Miroslav Kvocka
Mr. Zarko Nikolic for Milojica Kos
Mr. Toma Fila for Mladjo Radic
Mr. Simo Tosic for Zoran Zigic
Mr. Jovan Simic for Dragoljub Prcac

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 ("the Tribunal");

BEING SEIZED of the "Request for Medical Examination" filed by the Defense of Dragoljub Prcac (hereinafter "the accused") on 11 May 2000;

CONSIDERING that the Defense submits that a psychological examination, conducted by Mrs. Ana Najman, and a medical-psychiatric examination of the accused would provide relevant information regarding the mental condition of the accused before and after the alleged commission of the crimes he is charged with, which may be a circumstance relevant for determining the sentence, if any;

CONSIDERING that the Chamber deems that a psychological and medical-psychiatric examination of the accused might provide relevant information regarding the accused’s mental state before, during and after the commission of acts attributed to him, which might be taken into consideration, if and where appropriate, for sentencing purpose;

PURSUANT to Rules 54 and 74 bis of the Rules of Procedure and Evidence;

HEREBY ORDERS a psychological and medical-psychiatric examination of the accused Dragoljub Prcac, to be conducted in conformity with the regulations of the profession, with the purpose of, among other things:

Giving information regarding the past and present physical and mental ability of the accused;
Making any necessary observations on the mental state of the accused during the commission of the alleged crimes and interpreting the results obtained;
Giving information on the present psychological state of the accused and on his potential ability to be reintegrated into society, and formulating any needed recommendations in this regard;

REQUESTS the Registry to assign this task to two experts, one of them being Ms. Ana Najman, should the Registrar be satisfied that Mrs. Najman meets the criteria to have her name on the list mentioned in Rule 74 bis;

DECLARES that a joint written report of the evaluations, observations and recommendations formulated by the psychological and medical-psychiatric experts shall be transmitted to the Registry no later than 25 June 2000.

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

___________
Almiro Rodrigues
Presiding Judge

Dated this Eighteenth Day of May 2000,
At The Hague
The Netherlands.

[Seal of the Tribunal]

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