Choosing between Sentence and Anxiety

Krstic is charged with contempt of court, because he refused to comply with an invitation to testify in defence of former Republika Srpska President Radovan Karadzic twice, in February and March, despite a subpoena being issued by the Tribunal.

“I am not capable of appearing as a witness during the presentation of evidence by the Defence of Mr. Karadzic before this Tribunal exclusively due to health reasons,” Krstic told judges at the time.

At the hearing today, which lasted an hour and a half, Krstic’s Defence attorney Tomislav Visnjic presented the judges with witness Ana Najman, psychiatrist from Belgrade, who made a report about Krstic’s mental state.

However, Najman testified during a closed part of the session, because data about indictees’ mental and physical health are considered private and confidential at trials conducted before the Tribunal.

In his closing statement, of which a short part was available to public, Defence attorney Visnjic said that the process opened some legal and ethical questions, which could not be answered easily. 

When asked whether the testimony would jeopardise Krstic’s health, his Defence attorney answered affirmatively. He said that his testimony was not justified by general interest.

According to the attorney, Krstic was facing a choice between a short imprisonment sentence for contempt of court and long-term anxiety and anger accompanied by “nightmares”, among other things.

The Trial Chamber chaired by Judge Melvil Baird is due to render its verdict at a later stage.

According to Tribunal’s rules, in case Krstic is pronounced guilty for contempt of court and sentenced, he might face an imprisonment sentence lasting up to seven years, be fined up to 100,000 Euros or both. 

In 2004 the Tribunal pronounced a second instance verdict, sentencing Krstic, who was Commander of the Drina Corps of VRS during the Bosnian war, to 35 years in prison for having assisted in and supported the commission of genocide in Srebrenica.

Karadzic, the then President of RS, is on trial for genocide against more than 7,000 Muslims in the days that followed the occupation of the enclave by the VRS on July 11, 1995.