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On 15 July 1998, Trial Chamber II, consisting of Judge Cassese (presiding), Judge May and Juge Mumba issued an order terminating the proceedings against Slavko Dokmanovic. This decision followed the tragic death of the accused, who committed suicide by hanging himself in his cell on the night of 28 to 29 June 1998.
The suicide of the detainee took place only three days after the completion of his trial (which had begun on 19 January 1998) and seven days before the announcement of the verdict, scheduled on 7 July. It prompted the president of the Tribunal, Judge Gabrielle Kirk McDonald, to order an internal inquiry "on the circumstances surrounding the death of the detainee".
This inquiry was entrusted to Judge Rodrigues who presented his final report on 21 July.

 

Purposes of the inquiry

The purposes of the inquiry were twofold:

1. To look into the circumstances surrounding the death of the detainee and to establish whether any individual responsibility was involved in light of the existing Rules of Detention concerning the security and the safety of the detainees.

2. To determine whether amendments should be suggested in order to avoid a repetition of this tragic event.

 

Methodology of the inquiry

Upon his appointment, Judge Almiro Rodrigues constituted a four-member strong inquiry team (one investigator, two legal assistants and one photographer) assisted by one secretary.

Judge Rodrigues invited the detainee’s Defence Counsel, Mr.Toma Fila, and the detainee’s brother, Mr. Jovan Dokmanovic, to accompany him during his initial inspection of the cell. The cell had been kept locked since the night of 29 June. This inspection took place on 1 July. A representative of the Embassy of the Federal Republic of Yugoslavia was present.

Judge Rodrigues seized the items relevant to his investigation from the cell. Photographs were also taken in addition to those taken by the Dutch police in the night of 29 June, just after the discovery of the body of the detainee.

On 8 July, Judge Rodrigues received the official Report on the autopsy, carried out on 1st July.

In the course of his investigation, Judge Rodrigues interviewed the following persons:

Mr. Dokmanovic’s Defence Counsel, Mr. Dokamovic’s brother, the interpreter who had attended the latest discussions between the detainee and the Detention Unit’s Deputy-Commander and Medical Officer, five guards from the Detention Unit, the Detention Unit’s Commanding Officer and his Deputy, the Detention Unit’s Medical Officer.

 

Findings of the inquiry

The major findings can be summed up as follows:

1. The inquiry did not find any evidence of any violence either in the accused’s cell or on the accused’s body that would suggest a criminal act.

2. Slavko Dokmanovic was suffering from depression, was under particular medical care and was under special observation. The level of this supervision, dictated by his physical or psychological condition has varied since the accused’s arrival at the Detention Unit in June 1997. Since 23 June 1998, on the eve of the completion of his trial, the accused was being checked every half-hour during rest-time. This is one of the highest levels of supervision other than the 24-hour watch by closed circuit TV.

3. On the night of 28 to 29 June, between these regular checks, Slavko Dokmanovic attempted unsuccessfully twice to commit suicide: these attempts were not visible to the guards checking his cell. At a third attempt, he managed to hang himself by fastening on to the top door-hinge of his cell’s wardrobe the end of a tie which he had attached firmly around his neck.

4. All of the Rules of the Detention Unit concerning security and safety have been respected. No negligent behaviour was identified.

 

Establishment of a Working Group

In order to ensure that all lessons are drawn from the tragic death of Slavko Dokmanovic, Judge Rodrigues is in the process of establishing a Working Group, including international experts, which will study the issue of suicides in prison and will review the preventive measures applied in various detention systems.

If necessary, the Working Group will suggest possible amendments to the existing Rules of Detention.

    FINDINGS OF THE INQUIRY

  1. Mr. Dokmanovic was suffering from depression and, for that reason, was under particular medical care;
  2. From about 23 June 1998, Mr. Dokmanovic was checked every half-hour, during low service hours;
  3. Under the rules of the Detention Unit, a detainee may keep in his possession all clothes and personal items for his own use or consumption unless, in the opinion of the Commanding Officer or the General Director, such items constitute a threat to the security or good order of the detention unit or the host prison, or to the health or safety of any person therein;
  4. This is the reason why items such as cutlery, ties, shoe laces, electric and manual razors, electric cables, are among those commonly found in a detainee’s cell and were found in Mr. Dokmanovic’s as well
  5. On the night from 28 to 29 June 1998, after 10.00 p.m, Mr. Dokmanovic twice attempted to commit suicide by trying to cut his veins with a razor blade and by attempting to hang himself using a tie;
  6. These attempts were not visible to the guards checking his cell. This check consists of opening the little window on the cell door and looking through it into the cell. If the guard notices something unusual or abnormal, he must call at least one other guard to be present before opening the cell door itself. On the date in question, nothing unusual was detected until midnight;
  7. Between 11.30 p.m. and 00.05 a.m., Mr. Dokmanovic short-circuited the general power supply of his cell by placing the two extreme prongs of a fork (the middle prongs of which had been deliberately bent) into one of the wall sockets. He did that in order to avoid the regular half-hour guards checking his cell;
  8. Finally, he managed to hang himself by fastening on to the top door hinge of his cell’s wardrobe the end of a second tie that he had firmly attached around his neck; Mr. Dokmanovic was found dead shortly after midnight;
  9. All of the Rules of the Detention Unit concerning Security were observed. No negligent behaviour was identified;
  10. The investigation conducted did not evidence any sign of violence either at the scene of the incident or on the body of Mr. Dokmanovic that would suggest a criminal act.
    11.

The Hague, 21 July 1998, Almiro Rodrigues, Judge