30 May 2013 - ICTY

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a gastroenterologist should examine and report on Stanišić’s medical condition at least once
every four weeks. 5179 The Pre-trial Chamber further decided on the availability of a videoconference
link from the UNDU. 5180 If Stanišić would not waive his right to be present in
court but claimed to be unable to participate in the proceedings due to illness, the RMO, or an
independent medical expert, would have to report to the Chamber. 5181 Based on this report,
the Chamber would determine whether to proceed in the absence of Stanišić or adjourn the
proceedings until the next scheduled court session. 5182 On 9 June 2009, the Pre-trial Chamber
amended the modalities for trial to include reporting on Stanišić’s condition by a psychiatrist
once every eight weeks. 5183
2436. On 9 June 2009, after hearing from the RMO, the Trial Chamber denied the Stanišić
Defence request for an adjournment until Stanišić had been examined by a psychiatrist, and
proceeded with the hearing in Stanišić’s absence. 5184 On 10 June 2009, Stanišić maintained
that he felt too sick to attend court in person and that he did not wish to use the videoconference
link, nor waive his right to be physically present in court. 5185 The Trial Chamber
decided to proceed in Stanišić’s absence. 5186 On 29 June 2009, and again on 30 June, after
having reviewed recent medical reports, the Trial Chamber proceeded with the scheduled
court sessions despite Stanišić’s claim that he was unable to be present in court. 5187 Events
developed in a similar way on 6 and 7 July 2009. 5188 On 15 July 2009, the Trial Chamber
denied a request by the Stanišić Defence for an adjournment of the proceedings of that same
5178 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Start of Trial and Modalities for
Trial, 29 May 2009, para. 25.
5179 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Start of Trial and Modalities for
Trial, 29 May 2009, Annex, paras 1-3.
5180 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Start of Trial and Modalities for
Trial, 29 May 2009, Annex, paras 4-5.
5181 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Start of Trial and Modalities for
Trial, 29 May 2009, Annex, para. 7.
5182 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision on Start of Trial and Modalities for
Trial, 29 May 2009, Annex, para. 8.
5183 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Decision Amending Modalities for Trial, 9
June 2009, para. 3, Annex A, para. 3, Annex B, para. 11.
5184 Absence from Court Form and Medical Report by Reporting Medical Officer, 9 June 2009, pp. 1-2; T. 1432-
1434, 1440, 1442; Reasons for Denying the Stanišić Defence Request to Adjourn the Hearings of 9 and 10 June
2009 and have Jovica Stanišić Examined by a Psychiatrist before the Start of Trial and for Decision to Proceed
with the Court Session of 9 June 2009 in the Absence of the Accused, 2 July 2009, paras 11-16.
5185 Absence from Court Form and Medical Report by Reporting Medical Officer, 10 June 2009, pp. 1-2.
5186 T. 1483.
5187 T. 1559; Reasons for Decision Denying the Stanišić Defence Request to Postpone the Court Proceedings and
Decision Proceeding with the Court Session of 29 June 2009 in the Absence of the Accused, 22 July 2009
Absence from Court Form, 29 June 2009; Non-Attendance in Court Form, 29 June 2009; T. 1642-1643; Absence
from Court Form, 30 June 2009; Non-Attendance in Court Form, 30 June 2009.
5188 Absence from Court Form, 6 July 2009, p. 1; Non-Attendance in Court Form, 6 July 2009; T. 1732-1734,
1826-1827, 1829; Absence from Court Form, 7 July 2009, pp. 1-2; Non-Attendance in Court Form, 7 July 2009.
Case No. IT-03-69-T 881
30 May 2013