| From: | "Jim Yarker" <[EMAIL PROTECTED]> |
| Subject: | Milosevic: Illegal Court, False Indictment |
| Date: | Sun, 31 Mar 2002 11:24:13 -0500 |
Spark, issue no. 10
Milosevic: Illegal Court, False Indictment
Ian Johnson
Two new developments have preceded the commencement in February of the high profile trial of former Yugoslav President Slobodan Milosevic.
In an attempt to conceal the Hague Court's political bias and present a veneer of impartiality the court registrar has appointed Mr Steven Kay QC, Mr G Branislav Tapuskovic and Professor Mischa Wladimiroff to act as amici curiae.
Amici curiae, meaning 'friends of the court', is traditionally 'a party that is not involved in a particular litigation but that is allowed by the court to advise it on a matter of law directly affecting the litigation'. However, the Hague Tribunal in its usual, now infamous, fashion of making up or amending international law as it goes along, has accorded these three court appointees functions that are usually those of a defence counsel, namely:
1. To make any submissions properly open to the accused by way of preliminary or other pre-trial Motion.
2. To make any submissions or objections to evidence properly open to the accused during the trial proceedings and cross-examining witnesses as appropriate.
3. To draw to the attention of the Trial Chamber any exculpatory or mitigating evidence. Hence this United States funded War Crimes Tribunal, in unilaterally reinterpreting and expanding the role of amici curiae, is attempting to make it appear to the public that Mr Milosevic is being defended in a properly constituted court of law by competent counsel.
Indeed, this view is already being peddled in the media. The Guardian of 10 January 2002 misleadingly stated: "Tribunal sources said they were pleased Mr Milosevic finally appeared to be engaging positively in his own defence. The court has entered not guilty pleas on his behalf to all three indictments and appointed three international lawyers to ensure a fair trial."
The position of Slobodan Milosevic is very clear. He has refused to recognise this court. He has refused to accept this counsel. He has argued that he has no need for a defence counsel to perform the task of defending him before an illegal tribunal. His stated wish is to represent himself by refusal to offer a plea to what he and many others regard as an illegitimate process. Further to this, he has asked for access to legal counsel of his choice so that he can best prepare his case (something that has proved extremely difficult as the Tribunal has been actively preventing him from doing so).
During the third of his pre-trial court appearances Milosevic attempted to lodge his objection to the appointment of amici curiae. His microphone was cut off several times by the English judge Richard May, but this sentence could be clearly heard:
"I am glad that gentlemen from the amici curiae are aware that they may not speak on my behalf and that I do not have anything to do with them!"
Further indictments
The second development is the addition of two further indictments. Added to the initial indictment of war crimes in Kosovo are the charges of genocide in Croatia and Bosnia. These three separate charges are to be 'unified' into one indictment.
One would have thought that the not insignificant charge of genocide would have been the very first indictment instead of a late addition, presented almost as an afterthought. However, from the United States point of view there are sound political reasons for bringing in these extra charges.
By 'unifying' the indictments, the Tribunal allows the issue of Kosovo to be side-stepped. An investigation into the events in Kosovo would expose the relationship between the United States and the terrorist KLA that is somewhat at odds with, and would expose the complete hypocrisy of, the current 'war on terrorism.'
At his pre-trial appearance on 11 December 2001 Mr Milosevic responded to these new charges. Constantly battling against his microphone being cut off by English judge Richard May he stated: "It is entirely clear to me why this false prosecution insists on 'unifying'. It is because of September 11. They want to divert attention from the accusations against me concerning Kosovo since those accusations inevitably open the question of the Clinton administration's collaboration with terrorists in Kosovo.
So the reasons for attempting to 'unify' are totally pragmatic and aimed at the protection of those who have committed crimes against my country, and are not, as they claim, intended to ensure an efficient trial since they certainly do not care if I get tired out or not. I have told you before what I think about that."
Turning to the specific charges of genocide in Croatia and Bosnia, Milosevic lambasted the court with this observation:
"During the conflict in Bosnia no Moslem was expelled from Serbia. During the conflict in Croatia no Croat was expelled from Serbia. More than that, during the conflict in Bosnia - look at the records at UNHCR - over 70,000 Moslem refugees found shelter in Serbia. What nation, what tens of thousands of people, would seek shelter among those who had committed aggression against them? Do you know that more Moslems live in Serbia than in Bosnia and Herzegovina? The Moslems in Bosnia were pushed into that disaster, into that war, so that outside forces, appearing as their supporters, could hide their responsibility for the deaths of many times more - millions of Moslems - in accordance with their interests of enslaving the World and a new colonialism." Milosevic defiantly added: "I can tell you that I am proud that I commanded the armed forces of Yugoslavia � I am here as a punishment for standing up against the danger of the biggest tyranny that has threatened mankind."
Psychological torture
Slobodan Milosevic has been illegally imprisoned for many months now and psychological methods have been used in an attempt to break his resistance. These include leaving his cell light on 24 hours day; filming his every movement 24 hours a day; the prevention of any private moments whatsoever, even when using the bathroom or being visited by his two-year-old grandson. Furthermore, restricting visitors to those approved by the Tribunal is a measure designed to prevent Milosevic constructing his own defence.
He has endured this treatment since his kidnapping in June last year. Has this inhumane treatment broken Mr Milosevic's resistance? This quote is from his fifth pre-trial appearance on 9 January 2002:
"In the guise of having a trial, what is planned here is to carry out an operation to reverse scene and culprit. This is aimed at producing a fabricated justification for the crimes committed during the NATO aggression against my country and my people.
The intention is obviously to portray those who defended their families, children, homes and homeland as villains, criminals and evil people. Whereas those who travelled thousands of kilometres to destroy those homes in the night, to kill innocent people, to destroy maternity wards, hospitals, bridges, railways, who collaborated with the KLA terrorists, that those people responsible for a huge number of victims and enormous material damage, are good, are correct, and should have the support of international public opinion. To compound this absurdity �" (microphone switched off)
"Regarding the procedure (of the court) I would say that according to the natural definition, which applies to any court, it must be neutral and impartial. And look at this court! The indictment is based on allegations provided by the English Intelligence Service; the judge is English; the prosecutor is English; the amici curiae is English; and I �" (microphone switched off)
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