Physical and mental health of detainees

Notion(s) Filing Case
Decision on Psychological Examination - 06.12.2005 NAHIMANA et al. (Media case)
(ICTR-99-52-A)

P. 3: CONSIDERING that, pursuant to Rules 28 and 31 of the Detention Rules, the medical officer is responsible for the physical and mental health of the detainees and the administration of any treatment or medication to them;

NOTING that Rule 32 of the Detention Rules provides for the procedure to be followed in cases where the medical officer “considers that the physical or mental health of a detainee has been or will be adversely affected by any condition of his detention”;

[1] Adopted on 5 June 1998.

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Other instruments Rules Covering the Detention of Persons Awaiting Trial or Appeal Before the Tribunal or otherwise detained on the Authority of the Tribunal (ICTR): Rules 28; 31-32.
Notion(s) Filing Case
Decision on Request for Status Conference - 03.10.2017 NGIRABATWARE Augustin
(MICT-12-29-R)

Pages 1, 2:

CONSIDERING that the Rules require the holding of a status conference at regular intervals only at the pre-trial stage of the proceedings following the initial appearance of the accused[1] and pending appeal if a convicted person is in custody following the filing of a notice of appeal;[2]

CONSIDERING that, in the absence of an express requirement in the Rules, a status conference or other procedural hearing may be held by a judge or a Chamber if it is in the interests of justice or required for the proper preparation of the hearing;

CONSIDERING that Ngirabatware has not shown that a status conference is necessary because he does not identify any specific issue that he wishes to raise in relation to his mental or physical condition or in relation to the preparation of the review hearing;[3]

CONSIDERING that the conditions of detention of the detainees under the authority of the Mechanism at the United Nations Detention Facility in Arusha are supervised by the President and that, therefore, there is a separate avenue for raising concerns in relation to the detainees’ mental and physical condition;[4]

[1] See Rule 69(A) of the Rules. See also Prosecutor v. Radovan Karadžić, Case No. IT-95-5/18-T, Decision on Accused’s Request for Status Conference, 11 June 2014, para. 4.

[2] See Rule 69(B) of the Rules. See also Prosecutor v. Radovan Karadžić, Case No. MICT-13-55, Decision on Request for Status Conference, 1 April 2016 (“Karadžić Decision of 1 April 2016”), p. 1.

[3] See. Karadžić Decision of 1 April 2016 [Prosecutor v. Radovan Karadžić, Case No. MICT-13-55, Decision on Request for Status Conference, 1 April 2016]], p. 2. See also Request [Request for Status Conference, 18 September 2017], para. 5.

[4] Cf. Karadžić Decision of 1 April 2016, p. 1. See also Decision on Motion to Report Government of Turkey to United Nations Security Council and for Modification of Conditions of Detention, 22 March 2017, p. 3.

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MICT Rule Rule 69(A)
Rule 69(B)