28 August 2008 The Trial Chamber orders an urgent medical examination of the indictee in order to determine whether he can follow the trial.
"Considering
the fact that the indictee has not done anything in order to improve his health
state, the Trial Chamber will engage a team of experts, who will examine Hodzic
and review the available medical reports in order to determine whether he is
capable of attending the trial," Trial Chamber Chairman Tihomir Lukes said.
In early June 2008 Ferid Hodzic had a heart attack. He was admitted to a
hospital in Tuzla, but, later on, he was released in order to continue his
treatment at home. Several hearings have already been postponed due to his bad
health state.
The Prosecution charges Hodzic, as commander of the
Territorial Defence in Vlasenica from May 1992 to January 26, 1993, with having
participated in the crimes against Serbian civilians and prisoners of war committed
in the "Stala" ("Stable") detention camp in Rovasi.
After reviewing the
available medical reports, a team of experts, who were engaged by the Trial
Chamber earlier, determined that Hodzic had to "stay in bed and take the
prescribed medication", adding that he was not capable of attending the trial.
In early August 2008 the team advised the indictee to conduct a heart scan "as soon as possible". As stated by Lukes, the indictee has not done this as yet.
"Twenty four days ago a doctor made a
recommendation to the indictee to conduct a scan. However, this has not
been done so far. We want him to receive the best available medical assistance,"
Lukes said.
As indicated by Defence attorney Asim Crnalic, Hodzic is not
capable of undergoing a scan because he is afraid that it might lead "to
his death", adding that he found out, "unofficially", that the indictee was
diagnosed with post-traumatic stress disorder.
The next hearing is due
on September 2, on condition that the Trial Chamber's expert team conducts the
medical examination of the indictee by then.
Justice Report is a
specialist reporting agency focusing on war crimes trials taking place before
local courts; development of the local legal system; and efforts to come to
terms with the past.
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An OSCE report on Witness Protection and Support in War-Crimes Cases says, among other things, that Bosnia and Herzegovina has neither improved the position of victims and witnesses nor has it won their confidence in criminal proceedings and war-crimes cases.
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