Court Finds Kovacevic Incompetent to Plead or Stand Trial

In only the second ruling on an accused's competency to stand trial, a trial chamber of the ICTY declared Vladimir Kovacevic temporarily unfit to enter a plea or stand trial due to 'a serious mental disorder.' The Court ordered him transferred to a Belgrade mental health facility for treatment in a BCS-speaking environment. Noting that the Accused has a right to such treatment to alleviate his condition, the Court stated that the purpose was also to determine whether he will be capable of standing trial in the future after obtaining treatment. Court-appointed experts are to make bi-monthly reports on Kovacevic's condition to the Court and a full review is to be made after six months.

Just a few days before this decision, another ICTY Trial Chamber denied a defence motion seeking release of Pavle Strugar based on incapacity to stand trial. Interestingly, Strugar and Kovacevic were initially co-indictees, charged with war crimes for the attack on the World Heritage Protected Site of Dubrovnik. The indictments were separated last November so that Strugar could proceed to trial, while Kovacevic underwent extensive medical exams. Following the separation, which Strugar opposed, his counsel filed a motion alleging his client was also unfit to stand trial. Faced with contradictory reports from defence and prosecution experts, the Trial Chamber found Strugar competent to stand trial [See CIJ Report for June 2, 2004, 'The Progress of International Law: Strugar Court Sets Standard to Determine Competency to Stand Trial.']

Two other individuals were included in the original Dubrovnik indictment. Charges against Milan Zec were withdrawn, while Miodrag Jokic pled guilty August 27, 2003 and was recently sentenced to 7 years in prison. He has appealed the sentence.

In the Strugar case, the Trial Chamber set out potential next steps following a finding of incompetence to stand trial. The trial may be adjourned until such time as the Accused becomes sufficiently fit. It may be abandoned altogether. In some cases, adjustments may alleviate the incapacity, e.g. technical measures to overcome a hearing impediment.

Kovacevic remains under indictment and under control of the Tribunal, pending a future determination of his ability to stand trial after 6 months of treatment. Strugar returns to court on June 28, to present his defence to the prosecution's case.