The Trial Chamber of the Hague Tribunal rejected requests of the Defense of the former commander of the Army of the RS (VRS) Ratko Mladic regarding his health condition and the start of proceedings against the Chief Physician Paul Falke.
In the court’s justification, among other things, was stated that the assessment on the deteriorated health status of Mladic was based on the opinion of a doctor who never personally examined Mladic.
In the justification, which was signed by the Judge Alphons Aurrier, was also stated that the Defense did not prove that the state of health of the accused can justify the delay in pronouncing the first instance verdict, and that, according to independent experts and UNDU practitioners, his health condition is stable.
When it comes to the Defense’s request to start proceedings against Falke, it was stated that the Trial Chamber is not competent on this issue, but the Mechanism for International Criminal Tribunals is the only one competent to conduct and end all proceedings related to the disrespect of the court.
“The Mechanism is an appropriate forum that needs to determine whether there is a basis for an individual to be held responsible for the disrespect of the court,” as noted in the statement.
The Defense of Ratko Mladic requested from the ICTY an urgent hearing at which will be determined if Mladic is capable of processing and to consider their request to initiate the proceedings against the Chief Physician Paul Falke.
Mladic’s lawyers repeated their earlier request to delay the pronouncement of Mladic’s first instance verdict, which is scheduled for November 22.
(Source: N1)
