The International Residual Mechanism for Criminal Tribunals in The Hague (IRMCT) has rejected the request of war criminal Ratko Mladić to be released for medical treatment in Serbia.
The President of the International Residual Mechanism for Criminal Tribunals, Graciela Gatti Santana, concluded that there were no compelling and exceptional circumstances in Mladić’s case that would justify such a measure.
The reasoning for the decision states that the President consulted five mechanisms that had previously participated in the proceedings regarding the sentence imposed. The majority of the judges consider that the request should be rejected, concluding that the conditions of detention and his medical treatment are adequate and in line with international standards.
As they stated in their decision, the judges consider that the evidence indicates that Mladić is receiving the best possible care in terms of his comfort and treatment.
“There is no question of inhuman treatment and there is no indication that his condition would improve or that he would be comfortable after his release. Judge El Baaj stressed that Mladić is detained in a sophisticated prison hospital equipped to provide multidisciplinary care to his prisoners and that it is well established that he is not suffering from any degrading treatment in The Hague,” in The Hague.
Judge Ori assessed that, although Mladić is in the final stages of life, the statistical life expectancy according to medical reports does not require his immediate release, and that continued detention in the current circumstances cannot be considered inhuman or degrading.
Judge N’gum also noted that there was no evidence of inadequate care, noting that his transfer could carry additional medical risks due to a change in environment and interruption of continuity of treatment.
The only dissenting opinion was that of Judge Nyambe, who supported the request for release, citing the terminal prognosis, serious health condition and significantly impaired functional abilities, with the view that palliative care should include and expand contact with the family in a non-institutional environment.
In the final part of the decision, the President of the Mechanism states that Mladić’s condition is serious and that he is in the final stage of his life, but this in itself is not sufficient to approve a modern release. It is emphasized that the prison and medical conditions in which he is being held allow for his adequate.
As a reminder, the defense of the finally convicted war criminal Ratko Mladić filed an urgent request for release in April of this year for, as they stated, “humanitarian reasons”.
In a submission submitted to the President of the Mechanism, Judge Graciela Gatti Santana, the lawyers of war criminal Ratko Mladić claim that his health condition has suddenly and irreversibly deteriorated, and that he is “in the final stage of his life”.
