Hodzic: New Trial Chamber Member
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Following a break that lasted for nearly two months due to the indictee’s poor health, Trial Chamber Chairman Tihomir Lukes informed the Prosecution and Defence at a status conference that the mandate of International Judge Elizabeth Marie Fahey had expired and that International Judge David Re had been appointed as her replacement.
The indictment charges Hodzic, as commander of the Territorial Defence, TD, in Vlasenica, with having participated in crimes against Serb civilians and prisoners of war committed in”Stala” (“Barn”) prison in Rovasi in the course of 1992 and 1993.
Lukes said he believed “the necessary conditions for continuation of the main trial have been met”. Both parties agreed, claiming that there was no need to present evidence which had already been presented.
The BiH Law on Criminal Procedure stipulates that the main trial should start from the beginning if a judge has been replaced or more than 30 days have elapsed between two consecutive hearings.
However, in such cases, provided both parties agree, it is not necessary to examine witnesses again. Previous statements given during the course of the main trial can be used instead.
Asim Crnalic, Hodzic’s Defence attorney, once again indicated that his client is unable to follow the trial due to poor health, and asked the Trial Chamber to order clinical tests.
“You have simply drawn conclusions on the basis of information provided by people who are not experts. What I am asking you to do is not to make arbitrary decisions but to assess my psychological and physical state on the basis of a clinical examination,”the indictee said. After this he left the courtroom having been taken ill.
A court expert who examined Hodzic presented his findings at the hearing held on September 22, saying that the indictee needed bypass surgery.
Hodzic said in the courtroom that he would “rather die” than undergo such surgery.
Lukes said the indictee had not visited a doctor since the last court expert examination, adding that he had not informed the Court of his health condition since the last hearing.
“We have decided to continue the main trial. The Chamber leaves it to the indictee to undertake the necessary measures and activities in order to improve his state of health,” Lukes said.
