30 May 2013 - ICTY

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2434. Health of the accused Jovica Stanišić. On 27 April 2006, the Pre-trial Chamber
dismissed, without prejudice, a motion by the Stanišić Defence on Stanišić’s fitness to stand
trial, finding that the motion was premature. 5170 Pursuant to an order of the Pre-trial Chamber,
on 3 January 2008 the Stanišić Defence filed a motion on Stanišić’s fitness to stand trial. 5171
On 10 March 2008, the Pre-trial Chamber dismissed the motion and found Stanišić fit to stand
trial. 5172 In this decision, the Pre-trial Chamber set in place a regime of afternoon hearings,
four days a week. 5173 It also ordered that Stanišić should be examined regularly by a
gastroenterologist, and that the resident doctor of the UNDU must provide the Pre-trial
Chamber with weekly reports on Stanišić’s medical condition. 5174 Following this decision,
between 14 March and 13 May 2008, the resident doctor of the UNDU submitted weekly
medical reports describing Stanišić’s medical condition. 5175 On 17 March 2008, the Pre-trial
Chamber denied the Defence request for certification to appeal the 10 March 2008 Fitness
Decision. 5176 On 8 April 2008, the Pre-trial Chamber by majority, Judge Robinson dissenting,
decided not to reconsider that same decision. 5177
2435. With the adjournment lasting until Spring 2009, on 29 May 2009, the Pre-trial
Chamber, considering Stanišić’s health situation and the trial commitments of the Judges in
the Chamber, decided that the proceedings could re-commence pursuant to certain modalities
for trial. 5178 It decided to hear the case two days per week, that the UNDU RMO should
submit a written report to the Chamber on Stanišić’s medical condition once a week, and that
5170 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Stanišić Defence’s Motion on the
Fitness of the Accused to Stand at Trial with Confidential Annexes, 27 April 2006, p. 6.
5171 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Order Establishing Deadlines for Submissions
on the Accused Stanišić’s Fitness to Stand Trial, 18 December 2007, p. 3; Prosecutor v. Stanišić and Simatović,
Case No. IT-03-69-PT, Second Stanišić Defence Motion on Fitness of the Accused to Stand Trial with
Confidential and Partly Ex Parte Annexes, 3 January 2008.
5172 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Motion Re Fitness to Stand Trial,
10 March 2008 (Confidential and ex parte), para. 130, as referenced in Prosecutor v. Stanišić and Simatović,
Case No. IT-03-69-AR73.2, Decision on Defence Appeal of the Decision on Future Course of Proceedings,
(Public), 16 May 2008, footnote 19.
5173 Ibid., paras 131-132, 134.
5174 Ibid., paras 131-132, 134.
5175 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Report by Medical Officer, 28 March 2008;
Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Report by Medical Officer, 7 April 2008;
Prosecutor v. Stanišić and Simatović, Report by Medical Officer, 11 April 2008; Prosecutor v. Stanišić and
Simatović, Case No. IT-03-69-PT, Report by Medical Officer, 21 April 2008; Prosecutor v. Stanišić and
Simatović, Case No. IT-03-69-PT, Report by Medical Officer, 25 April 2008; Prosecutor v. Stanišić and
Simatović, Case No. IT-03-69-PT, Report by Medical Officer, 5 May 2008.
5176 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Defence Motion Requesting
Certification for Leave to Appeal (Confidential and ex parte), 17 March 2008, paras 7-8, as referenced in
Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-AR73.2, Decision on Defence Appeal of the Decision
on Future Course of Proceedings, 16 May 2008, footnote 20.
5177 T. 867.
Case No. IT-03-69-T 880
30 May 2013