Case No.: IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision of:
15 November 2005
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
ORDER FOR EXPERT MEDICAL REPORTS
__________________________________________________
Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused:
Mr. Slobodan Milosevic
Court Assigned Counsel:
Mr. Steven Kay, QC
Ms. Gillian Higgins
Amicus Curiae:
Prof. Timothy McCormack
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"),
CONSIDERING the tendering of three medical reports by the Accused in court this morning and the statement that his intention in presenting these reports was "Nothing other than asking the Trial Chamber not to ignore what it says in the doctors' report, and that means that they said quite specifically suspension of all physical and mental activities for a minimum period of six weeks",
NOTING the content of the medical reports from the three doctors: Dr. Shumilina (an Angiologist); Professor Vukasin Andric (an Otorhinoralygologist), and Professor F. Leclercq (a Cardiologist),
NOTING the "Joint Opinion on the Combined Medical Examination…", appended to the medical reports, which concludes, in part, that "the patient should be prescribed a period of rest, i.e. the suspension of all physical and mental activities [sic] a minimum of 6 weeks, which will probably reduce – or at least stabilize – the symptoms",
NOTING the Report of Dr. Falke, the treating doctor of the United Nations Detention Unit ("UNDU") of 11 November 2005, advising that the Accused was unfit to attend court on that day due to exhaustion, and stating that the Accused attributed his tiredness to "noises he experiences in his ears",
NOTING FURTHER the Report of Dr. Falke of 14 November 2005,
CONSIDERING that, since this is a matter which relates to the health of the Accused, the expert medical opinion of the Accused’s treating specialists is required as a matter of urgency,
PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal
HEREBY ORDERS BY MAJORITY (Judge Bonomy dissenting) THE REGISTRAR to arrange an examination, if necessary, and to obtain the expert medical reports of the treating cardiologist, Dr. van Dijkman and the treating Ear, Nose and Throat specialist of the Accused, by Monday, 21 November 2005, on the content and recommendations of the reports of the three visiting doctors, including but not limited to:
Done in English and French, the English text being authoritative.
__________________________
Judge Robinson
Presiding
Judge Bonomy will file a Dissenting Opinion in due course.
Dated this fifteenth day of November 2005
At The Hague
The Netherlands
[Seal of the Tribunal]
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