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ICTY
EXCEPTIONALLY UNCOMMON BUT NOT COMPLETELY IMPOSSIBLE.
THE HAGUE, 12.09.2006.


In their additional analysis of the autopsy results, the Dutch pathologists could not resolve the mystery: why is the mark on Milan Babic’s neck narrower than the belt he used to hang himself? The public prosecutor’s office in The Hague will not reopen the case, while Judge Parker believes that the Tribunal should not conduct any further enquiries into the matter

The fact that the mark on Milan Babic’s neck is narrower than the belt he used to hang himself is “exceptionally uncommon, but not completely impossible,” the additional report filed by the Dutch Institute for Forensic Medicine notes. The report was forwarded to Judge Parker who headed the internal ICTY enquiry into the circumstances of Babic’s death in the UN Detention Unit on 5 March this year.

The report that Judge Parker submitted to the ICTY President on 8 June this year states that the pathologists noted a certain difference between the width of the ligature mark on Babic’s neck and that of the belt he used to kill himself, adding that the Dutch Institute of Forensic Medicine will conduct further analysis of the phenomenon.

The further analysis, however, failed to provide an answer to the question what was the cause of the difference. The supplementary report the Dutch pathologists submitted to the public prosecutor in The Hague in late August, forwarded to Judge Parker, notes that ligature marks on the neck as a rule more or less correspond to the width of the belt or rope used to hang the victim; in fact, the mark is often wider because of the slippage of the belt or rope. It is much more rare for the ligature mark to be narrower than the belt or rope, and the difference in Babic’s case is “exceptionally uncommon”, in the opinion of the Dutch pathologists.

The pathologists considered several possible theoretical explanations: the drying of the skin and the effects of substances that cause shrinkage, such as embalming fluid, alcohol or formalin, but could not provide a conclusive explanation for the difference that was observed. They did not find any similar cases in medical literature.

The criminal investigation conducted by the public prosecutor’s office in The Hague into the circumstances of Babic’s death remains closed. Judge Parker believes that the Tribunal does not have to take any action except for submitting the report to the UN Secretary-General.

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