From: Vladimir Krsljanin <[EMAIL PROTECTED]>

Subject: COUNCIL OF EUROPE WILL DISCUSS ON MILOSEVIC!

HTTP://WWW.STOPNATO.ORG.UK
---------------------------

A resolution of the Assembly and a process in its Committee on Legal Affairs
and Human Rights have been initiated in the last week session by a group of
CPRF deputies, joined by their colleagues of the Left from other six
countries.


 Parliamentary Assembly of the Council of Europe
 

Violations of Law in the Case of Slobodan Milosevic

 

24 January 2002

 

Motion for the resolution

presented by Mr. Zyuganov and others

 

1. The Assembly notes that new facts have emerged concerning the involvement
of Osama bin Laden, leader of the Al Qaeda terrorist organisation, in
supporting the so-called Kosovo Liberation Army. This evidence proves the
KLA was part of the international terrorist network. This in turn makes it
possible to assess the nature of the conflict in Kosovo in 1998-1999
differently, proving that the aim of the Yugoslav leadership was not to
suppress a liberation movement but to fight armed separatism and
international terrorism.

2. Slobodan Milosevic was arrested on 31 March 2001. But an investigation by
the Yugoslav authorities, which lasted three months, resulted only in an
accusation of "abuse of position."

3. The transfer of Mr. Milosevic from Belgrade to The Hague in June 2001 at
the demand of the International Criminal Tribunal for Yugoslavia (ICTY) was
carried out in gross violation of the Yugoslav Constitution. This was
confirmed by the Yugoslav Constitutional Court decision of 6 November 2001.
Thus the unlawful transfer of Mr. Milosevic to The Hague may be considered
kidnapping. 

4. As a result of the kidnapping of Mr. Milosevic, the Yugoslav State was
denied the right to a court examination of the accusations leveled against
the former head of state, while Mr. Milosevic was deprived of the right to
defend himself against those accusations.

5. The ICTY was created by a decision of the UN Security Council.  However
the UN Charter does not permit the UNSC to create judicial bodies. Thus the
legitimacy of the ICTY is highly questionable.

6. A group of independent lawyers has submitted a complaint to the European
Court for Human Rights in connection with the flagrant violations of law in
the "Milosevic case". However the ICTY authorities prevent free and
unmonitored communication between Mr. Milosevic and his lawyers. This
violates the generally recognised norms of human rights.

7. During Mr. Milosevic's detention in Holland his rights have been notably
violated by the 24 hour a day illumination of his cell and by monitoring him
24 hours a day, using video and infrared equipment.

8. The Assembly calls on the Dutch and Yugoslav authorities as well as the
ICTY to work for the return of Mr. Milosevic to Yugoslavia. That would help
end the violation of law caused by his transfer to Holland. It would enable
Yugoslavia to exercise its right for a court trial of Mr. Milosevic and it
would allow Mr. Milosevic to exercise his right to defend himself.

Until then the Assembly calls on the ICTY to ensure that the conditions of
Mr. Milosevic's detention in the UN Detention Center conform to the
generally accepted norms of human rights.

 

Signed 

Christodoulides Doris (Cyprus), Carvalho Lino (Portugal), Churkin Guennady,
Gamzatova Hapisat, Gostev Ruslan, Melnikov Ivan, Zyuganov Gennady, Shaklein
Nickolay, Bakulin Vladimir  (Russia), Marmazov Yevhen, Oliynyk Boris,
Pakhansky Anatoly (Ukraine), Kanelli Liana (Greece),  Neguta Andrei
(Moldova), Manukyan Yuri (Armenia)



 

Committee on Legal Affairs and Human Rights

Parliamentary Assembly of the Council of Europe

 

24 January 2002

On Violations of Law

in the Case of Slobodan Milosevic

 

Dear Colleagues, 

Recently new facts have emerged concerning the involvement of Osama bin
Laden, leader of the Al Qaeda terrorist organisation, in supporting the
so-called Kosovo Liberation Army. This evidence proves the KLA was part of
the international terrorist network. This in turn makes it possible to
assess the nature of the conflict in Kosovo in 1998-1999 differently,
proving that the aim of the Yugoslav leadership was not to suppress a
liberation movement but to fight armed separatism and international
terrorism. 

It is necessary to note that former FRY President Slobodan Milosevic was
arrested on 31 March 2001. But an investigation by the Yugoslav authorities,
which lasted three months, resulted only in an accusation of "abuse of
position." 

Later in June 2001  Mr. Milosevic was transferred from Belgrade to The Hague
at the demand of the International Criminal Tribunal for Yugoslavia (ICTY).
But it was carried out in gross violation of the Yugoslav Constitution. This
was confirmed by the Yugoslav Constitutional Court decision of 6 November
2001. Thus the unlawful transfer of Mr. Milosevic to The Hague may be
considered kidnapping.

As a result of the kidnapping of Mr. Milosevic, the Yugoslav State was
denied the right to a court examination of the accusations leveled against
the former head of state, while Mr. Milosevic was deprived of the right to
defend himself against those accusations.  Furthermore many leading experts
on the international law believe that the ICTY created by a decision of the
UN Security Council is illegitimate, as the UN Charter does not permit the
UNSC to create judicial bodies.

A group of independent lawyers has submitted a complaint to the European
Court for Human Rights in connection with the flagrant violations of law in
the "Milosevic case". However the ICTY authorities prevent free and
unmonitored communication between Mr. Milosevic and his lawyers. This
violates the generally recognised norms of human rights. During Mr.
Milosevic's detention in Holland his rights have been notably violated by
the 24 hour a day illumination of his cell and by monitoring him 24 hours a
day, using video and infrared equipment.

We are calling on the PACE Committee on Legal Affairs and Human Rights to
investigate the mentioned violations on international and national law in
the "Milosevic case" and facilitate the return of Mr. Milosevic to
Yugoslavia. That would help end the violation of law caused by his transfer
to Holland. It would enable Yugoslavia to exercise its right for a court
trial of Mr. Milosevic and it would allow Mr. Milosevic to exercise his
right to defend himself.

 

 

Signed 

 

Christodoulides Doris (Cyprus), Carvalho Lino (Portugal), Churkin Guennady,
Gamzatova Hapisat, Gostev Ruslan, Melnikov Ivan, Zyuganov Gennady, Shaklein
Nickolay, Bakulin Vladimir  (Russia), Marmazov Yevhen, Oliynyk Boris,
Pakhansky Anatoly (Ukraine), Kanelli Liana (Greece),  Neguta Andrei
(Moldova), Manukyan Yuri (Armenia)

To join or help this struggle, visit:
http://www.sps.org.yu/ (official SPS website)
http://www.belgrade-forum.org/ (forum for the world of equals)
http://www.icdsm.org/ (the international committee to defend Slobodan
Milosevic)
http://www.jutarnje.co.yu/ ('morning news' the only Serbian newspaper
advocating liberation)


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