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The trial chamber of the International Criminal Tribunal for the Former Yugoslavia ruled on Thursday that the fact that Krstic was suffering from post-traumatic stress disorder and his psychological condition had worsened since he was ordered to appear for Karadzic’s defence was a “valid reason for the refusal to testify”.
“It is not in question that Krstic has refused to testify after being subpoenaed, but he has claimed he is refusing only because of fear for his health. This is why the chamber, with a majority vote, finds that these facts represent a reasonable explanation”, said presiding judge Melville Baird.
“The severity of his health condition and possible repercussions if he testifies are reason enough for him to refuse to undergo this testimony,” Baird said.
Former Bosnian Serb President Karadzic requested that Krstic testify in his defence and the Tribunal subpoenaed him and brought him to the courtroom on February 7, but he refused to take an oath, citing medical reasons.
Krstic, the wartime commander of the Drina Corps of the Bosnian Serb Army, was sentenced to 35 years in prison by the Hague Tribunal in 2004 for aiding and abetting the Srebrenica genocide.
Karadzic is on trial for genocide in Srebrenica and other crimes committed during the war in Bosnia and Herzegovina.
