Trial May Continue in Mladic’s Absence

The Trial Chamber scheduled the continuation of the trial for tomorrow, September 11, warning the Defence that the examination of witnesses would continue irrespective of whether Mladic appeared in court or not unless his health condition had changed significantly in the meantime. Mladic’s Defence attorney Branko Lukic previously said that Mladic wanted to attend the trial, but his illness did not allow him to do it. Lukic requested that Mladic be subjected to a detailed medical examination in order to determine whether he did not want to participate in the trial or whether he was incapable of participating in it. “Our stand is that the continuation of the trial in absence of General Mladic would violate The Hague Tribunal’s rules. We do not want to participate in that. In case we are forced to do it, we shall request that the Chamber members be exempted, because we consider that, bearing in mind Mladic’s current condition, this trial cannot continue without his explicit consent,” attorney Lukic said. Presiding judge Alphons Orie pointed out that “this process is controlled by the Trial Chamber, not by the Defence,” adding that Defence attorney Lukic’s words would not change that. Orie said that the doctors’ reports had not determined any indications that Mladic was not capable of attending the trial. “In case the indictee decides not to appear in the courtroom… the Chamber will consider that he waives his right to attend the trial…Unless his health condition changes in the meantime, we shall continue tomorrow morning, both in case the indictee is present and not present in the courtroom,” judge Orie said.Mladic did not appear in the courtroom this morning. The Detention Unit informed the Trial Chamber that he said that he was too sick to attend the hearing. The hearing held yesterday was interrupted after one hour, because, as Defence attorney Lukic told the judges, Mladic complained that “the right side of his body” – in fact his arm and leg – “has become numb” and that he “feels big pressure in his right groin.” After having been examined by a nurse, the indictee was sent back to the Detention Unit in Scheveningen yesterday afternoon. Judge Orie said that the judges were informed this morning that attorney Lukic “yelled at a representative of the Tribunal Secretariat” outside the courtroom, in Mladic’s presence, yesterday. He told her, among other things, that the Chamber and its Chairman “are killing” Mladic and that, due to the fact that he felt worse and worse, he would no longer come to the courtroom unless the judges accepted the proposal to reduce the number of working days per week from five to four. As said by judge Orie, Lukic then apologised to the representative of the Secretariat, telling her that he had to behave in that way in front of his client.

When asked whether it was true, Lukic told judge Orie in the courtroom today: “Yes, I yelled at the representative of the Secretariat.” Following a three-and-a-half hour break, the Trial Chamber today approved “an oral report” by a doctor, who examined Mladic in the Detention Unit. Judge Orie said that “nothing new” was determined through the examination. He noted the report’s finding that Mladic “is under big stress” due to the trial, but he is capable of participating in the process. The doctors repeated their recommendation that the Tribunal should hold hearings four days a week due to the indictee’s physical weakness. Today judge Orie denied Lukic’s allegation from yesterday that the Trial Chamber did not take the doctors’ recommendation into consideration when making decisions to reject twice the request to shorten the working week. The Defence appealed the mentioned decision. Repeating that, while he was in the Detention Unit, Mladic “is just lying and has no strength to do anything”, Defence attorney Lukic said that an ordinary examination was not sufficient for assessing his health condition, adding that detailed medical checks were needed. Judge Orie responded by saying that the Defence could request that such examinations be undertaken. The trial of Mladic was interrupted for the same reason on Friday, August 23, but it continued after the weekend, when the indictee appeared in the courtroom. Prior to his arrest in late May 2011 General Mladic had suffered three strokes, so the mobility of the right side of his body is reduced. In the meantime, while being held at the Tribunal’s Detention Unit, Mladic was treated for pneumonia and underwent minor treatment at the Bronovo Hospital at The Hague. He was also tested for malignant diseases. The results came back negative. During a discussion about his health at the beginning of June this year Mladic thanked the Court and Detention Unit medical staff for having “saved his life” and having “brought him back from grave.” Mladic is charged with genocide in Srebrenica and seven other Bosnian municipalities, persecution of Muslims and Croats throughout Bosnia and Herzegovina, terrorising civilians in Sarajevo by long-lasting shelling and sniping, and taking UNPROFOR members hostage.