30 May 2013 - ICTY

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day. 5189 Based on the daily medical reports of the RMO and in the absence of objections from
the Prosecution and the Simatović Defence, the Trial Chamber decided to proceed with the
scheduled court sessions in Stanišić’s absence on 16 July, 26 August, 27 August, and 14
September 2009. 5190
2437. On 30 November 2009, Stanišić participated in proceedings via the video-conference
link from the UNDU for the first time. 5191 On 20 January 2010, Stanišić attended the trial
proceedings in person for the first time. 5192 On 5 July 2010, Stanišić was not present in court
after being urgently sent to hospital. 5193 As Stanišić had not waived his right to be present, the
Trial Chamber dealt only with procedural matters in his absence. 5194 On 22 June, 29
September, 11 November 2010, and 24 November, 13, 14, and 15 December 2011 Stanišić
waived his right to be present in court during house keeping sessions and on the basis that he
felt unable to attend court. 5195
2438. On 1 September 2009, the Trial Chamber decided, inter alia, that the frequency of
reporting by the gastroenterologist should be decreased. 5196 On 17 September 2010, the Trial
Chamber, considering the changed circumstances in relation to the health of Stanišić and his
participation in the court proceedings, amended the modalities for trial again. 5197 It decided,
inter alia, to increase the hearings schedule from two to three days a week. 5198 On 17 August
2012, the Trial Chamber, considering that apart from the closing arguments no further court
sessions were scheduled in this case, amended the modalities for trial to discontinue the
reporting regime of the RMO and medical specialists. 5199
2439. Provisional Release. Between July 2009 and July 2012, the Trial Chamber denied
Stanišić provisional release on several occasions based on various grounds, including:
5189 Absence from Court Form, 15 July 2009, p. 1; Non-Attendance in Court Form, 15 July 2009; T. 1944-1946;
Reasons for Decision Denying the Stanišić Defence Request to Adjourn the Court Proceedings and for Decision
to Proceed with the Court Session of 15 July 2009 in the Absence of the Accused, 16 October 2009, paras 7-8.
5190 T. 2016-2017, 2045-2046, 2099-2100, 2189-2190.
5191 T. 2201-2202.
5192 T. 2736.
5193 T. 6102.
5194 T. 6102-6103.
5195 T. 5909-5910, 7498, 9055, 15068, 15578-15579, 15675-15676, 15761-15762; Absence from Court Form, 29
September 2010, p. 1; Absence from Court Form, 11 November 2010, p. 1; Absence from Court Form, 24
November 2011; Absence from Court Form, 13 December 2011, p. 1; Absence from Court Form, 14 December
2011, p.1; Absence from Court Form, 15 December 2011, p.1.
5196 Second Decision Amending Modalities for Trial, 1 September 2009, para. 2, Annex A, paras 3, 7, Annex B,
paras 3, 7; Corrigendum to Second Decision Amending Modalities for Trial, 7 September 2009, para. 1, Annex
B, para. 3.
5197 Third Decision Amending Modalities for Trial, 17 September 2010.
5198 Ibid., at para. 13, Annex A, para. 1, and Annex B, para. 1.
5199 Order Cancelling Regular Medical Reporting, 17 August 2012.
Case No. IT-03-69-T 882
30 May 2013