(Compilation Date 24/01/2003 by Desaster Area)
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(1)Friday, 26 January 2001
[Motion Hearing]
[Closed session]
[Accused not present]
(5)
--- Upon commencing at 2.45 p.m.
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(10)
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(15)
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(20)
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(25)
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(1)
Pages 8594 to 8609 redacted - in closed session.
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(1)
[redacted]
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(5)
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(10)
--- Recess taken at 3.25 p.m.
--- On resuming at 4.20 p.m.
[Ruling]
[Open session]
JUDGE RODRIGUES:
[Int.] The Chamber renders its
(15)decision.
On the 25th of January, 2001, the Defence counsel of the accused
Radislav Krstic filed an application for the provisional release until the
recovery of the health condition of the accused be improved so that he
might be considered physically and mentally fit to continue his trial.
(20)This request states that the latter will be guided by all the obligations
and conditions that the Chamber imposes upon him.
The Chamber feels that this request was of an urgent nature, the
more so as surgery has been planned for next week and that, on the other
hand, doctors originating from the ex-Yugoslavia, being aware of the
(25)medical condition of the accused, were available to meet with
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(1)General Krstic and, if necessary, to present to the Chamber their
assessments.
After having heard the parties, the Chamber decides to reject the
request. The Chamber notes, first of all, that it has taken all measures
(5)within its powers to ensure that General Krstic should receive the
necessary treatment and that the Chamber should be informed on the
evolution of his condition and his possibility of continuing his trial.
The Chamber underlines in this connection that the trial has
reached its final stage, that approximately ten days of hearings remain to
(10)complete the presentation of evidence, including the appearance of
witnesses for the Chamber.
The Chamber also finds that though the Defence appears to have
endeavoured to obtain from the authorities of the Republika Srpska, as
well as those of the Federal Republic of Yugoslavia, guarantees that the
(15)accused would reappear in court, none of those guarantees were, in fact,
submitted to the Chamber at this stage.
The same Chamber underlines that every measure has been taken to
ensure that the recommended surgery should be carried out by doctors
within the shortest possible time; that this operation has as its aim to
(20)resolve the problem of recurrent infections, to ease significantly the
suffering of the accused, and to check whether it will be necessary during
a subsequent surgery to undertake additional amputation, additional
surgery; that once this exploratory surgery has been completed, depending
on the recovery of the accused and the examinations of doctors and
(25)experts, to see the conditions under which the trial may be resumed.
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(1)Finally, the Chamber was informed that the Yugoslav doctors who
will assist in the operation to which General Krstic will be subjected
should be authorised to visit the latter during the three or four days
following surgery, and after that, periodically.
(5)The Chamber asks the registrar to take all measures which would
allow the accused to communicate with an interlocutor in his own language
in order to be able to explain any medical problems.
For these reasons, the Chamber rejects the request for the
provisional release of the accused, and the Chamber thanks Dr. Pantelic
(10)and Dr. Kosutic for their attendance.
That is the ruling of the Chamber.
The hearing is now adjourned, and I wish you a pleasant weekend.
I also hope General Krstic will recover soon.
--- Whereupon the motion hearing adjourned at
(15)4.28 p.m.
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English transcripts.
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