Informazione
> http://groups.yahoo.com/group/yugoslaviainfo/message/3723
Copyright 2002 Associated Newspapers Ltd.
MAIL ON SUNDAY
February 3, 2002
HEADLINE: ELLIE, 20, WAS RAPED BY 300 MEN IN KOSOVO AFTER BEING
KIDNAPPED. SHE IS ONE OF COUNTLESS VICTIMS, SOME AS YOUNG AS 13, OF A
GROTESQUE 21ST CENTURY TRADE IN SEX SLAVES.
HER TORMENTORS? PEACEKEEPERS FROM THE UNITED NATIONS...
BY: BOB GRAHAM
SHE will never know the names of the hundreds of men who raped her.
As
Ellie Milutinovic lay on her back she closed her eyes and tried to
shut her mind to the savage reality of her ordeal - for her rapists
were the men who had been sent on a humanitarian mission in the name
of Britain, America, Europe and the rest of the civilised world.
Each time Ellie, a trainee nurse, from Belgrade, was forced to have
sex with another 'client' she saw the uniforms and the emblems of the
United Nations and K-FOR soldiers.
The men - of many nationalities - can have had no doubt that they
were
raping this 20-year-old girl who wanted to be a children's nurse.
To those who could speak English she made it clear: 'I am being held
as a prisoner.' Others, unable to understand or unwilling to hear her
desperate pleas, saw only the tears as they had their way with her.
The men each paid 100 Deutschmarks (about GBP 30) to have sex with
Ellie, although she received none of it. Each time she was forced to
submit to one of the K-FOR soldiers or contract work-ers, or one of
the UN police officers, it was against her wishes.
Ellie - and countless hundreds of other young women, some as young as
13 - are part of the shocking 21st Century white slave trade that has
forced them into prostitution in Kosovo.
The UN humanitarian effort to restore peace and freedom to the area -
after Nato's bombing campaign ended in June 1999 - is being
undermined
by the collective turning of blind eyes to the extent of this vile
human trade.
Ellie, the daughter of a professional footballer, was kidnapped 18
months ago and raped over a period of nine months before escaping
last
March to a British-controlled zone.
Her life was then threatened as she was due to give evidence in court
in the Kosovan capital, Pristina, against the men who had kidnapped
and abused her.
She was provided with round-the-clock security and worked as a UN
interpreter for the British. When the case ended, she was given a new
life in the West as part of an unofficial witness protection
programme.
In Britain she received help in piecing together her shattered life
and now has a new identity. She plans to settle in a small town in
southern Germany and pick up her studies as a nurse.
Ellie, her voice still quivering, remembers every detail of the
humiliation: 'Each day the nightmare of what happened comes into my
head. Even when I'm here, in this safe little community, I close my
eyes and see the faces of the men.
'I know I must be very careful because there are people out there who
are looking for me.
'My suffering will always be with me. Here, I am isolated. I will
always be running away.'
In Kosovo the majority of the sex trade involves women, like Ellie,
who have been kidnapped or duped by the promise of a better job, then
sold into a life of sexual slavery.
The girls are mainly from poverty-ridden former Communist states such
as Moldova, Ukraine, Romania, Bulgaria and Yugoslavia. The pimps are
part of a giant web of organised crime gangs.
Although the UN administration enacted new laws to prohibit
trafficking of women in January, the reality is there have been few
prosecutions and those that have taken place have been tainted by
accusations of corruption.
Inside the sleazy bars and nightclubs that have sprung up throughout
Kosovo in the past two years, the scene seldom changes, with the
dimmed red lights, loud music, cheap booze and the girls - often
semi-comatose from being drugged - draped over the men who have
become
known locally as 'The Internationals'.
OFFICIALLY, the UN, K-FOR and international aid agencies have
produced
lists of bars and clubs banned to the international brigade.
Kristine Brubacher, a Canadian police officer who headed the
Trafficking and Prostitution Unit set up by the UN to target the
bars,
admitted: 'The Internationals have created and contributed to the
problem because they bring in so much money to what was previously a
very poor region. Because of the money, thousands of girls are now
forced to work in prostitution.
'By the time they end up in Kosovo they will have been beaten, raped
repeatedly and imprisoned.
'Their pimp has their home address and their travel documents. They
are told that if they try to escape they will be beaten or killed and
their families back home will suffer.'
Much of the trade centres around addresses in Belgrade. There, girls
are paraded in front of potential buyers - Serbs, Albanians,
Macedonians and Montenegrin organised crime groups. Britons have been
among those invited to 'view and test the girls'.
The Trafficking and Prostitution Unit, backed up by armed Military
Police, frequently raid the banned bars. However, on several raids on
which I accompanied them, K-FOR personnel found in them were given a
quiet lecture and told to leave.
In a staggering double standard, the focus of attention is on
prosecuting bar owners and the girls.
Only on rare occasions are the details of The Internationals
revealed.
Last year, a senior British Army officer, Lieutenant Colonel Andrew
Buxton, a married 43-year-old father of two, was caught in a grubby
brothel which police intelligence files showed included girls who had
been trafficked.
Buxton, a liaison officer with the 2nd Battalion Royal Regiment of
Fusiliers, was immediately relieved of his duties in Kosovo and
returned to the UK.
A spokesman for the Army refused to disclose what action had been
taken against Buxton.
In Kosovo, where K-FOR has 39 countries supplying more than 44,000
soldiers - nearly ten per cent of them from Britain - guidelines on
'brothels and prostitution' have been issued to all contributing
countries. Additionally, there are 7,000-plus UN staff as well as
workers with more than 260 western aid agencies.
K-FOR spokesman Squadron Leader Roy Brown said: 'Any involvement of
K-FOR personnel with the victims of trafficking or prostitution that
is brought to our attention, will be thoroughly investigated.'
However, the publicly stated policy is not matched by performance. I
have seen state-ments taken from girls rescued from brothels which
indicate how they have been forcibly taken into K-FOR camps.
The statements point to widespread abuse of trafficked women by K-FOR
soldiers - particularly the 3,000-plus Russian K-FOR troops -
including occasions when girls were imprisoned inside the Russian
camp. Despite the K-FOR edict, Russian camps have not been searched,
nor have Russian soldiers been questioned about the accusations.
The reason for the lack of intervention is because it is 'politically
too sensitive' to do so.
But Ellie Milutinovic's case highlighted the extent of the K-FOR
abuse. After being kidnapped in a street near her Belgrade home,
Ellie
emerged from her drug-induced sleep and was raped before being told
she had been sold to a bar owner for 4,000 Deutschmarks (GBP 1,250)
to
work as a prostitute. If she refused, she was told, she would be
killed.
'We were taken to a place near Devic Skenderaj, to the Russian
military camp there.
'Two Russian soldiers came into a tent and told us to take off our
clothes. They had sex with us, then we were forced to have sex with
lots of soldiers. Twenty had sex with me.
'I could not believe what was happening to me, my mind had stopped
working. I could not eat or drink. I thought of escaping but I knew
they would kill me.
'The men were Internationals - Africans, Asians, a Pakistani who was
a
senior officer, and Russian soldiers including one who had three
stars
on his uniform. These men should be the ones helping me.
'I did not believe I could trust the police because there were police
officers who came in and had sex with us, knowing we were being held
as prisoners.'
Ellie estimates she was forced to have sex with at least 300 men
during the six weeks she was held - almost every one of them an
International. None of them, she says, was British.
When, eventually, she was rescued by a team of British police
officers, she agreed to give evidence in court against the five men
who had trafficked and abused her. It was the first case to be tried
under the new trafficking regulations in Kosovo.
But it was a case tainted by scandal with one of the accused offering
the international prosecutor, Peter Korneck, a 500,000 Deutschmark
(GBP 150,000) bribe to drop the charges. He refused it.
TWO days after the men - three Serbs and two Kosovars and all known
members of a crime gang - were found guilty and jailed for a total of
11 years, a local judge ordered their release 'pending an appeal'.
The likelihood of the five returning to court is small.
Ellie said: 'After the war I thought there would be better times.
Then
I was kidnapped and the nightmare just got worse. But the British
soldiers treated me well and with respect. It helped me build trust
again in people and in men.'
Today, Ellie still longs to return home but realises it is impossible
and is surprisingly pragmatic. 'I know it cannot be,' she says.
'Maybe
it's right I should not think of the past because when I do, it is of
the many men. I must only think of the future and try to forget.'
When, eventually, she was rescued by a team of British police
officers, she agreed to give evidence in court against the five men
who had trafficked and abused her. It was the first case to be tried
under the new trafficking regulations in Kosovo.
Copyright 2002 Associated Newspapers Ltd.
MAIL ON SUNDAY
February 3, 2002
HEADLINE: ELLIE, 20, WAS RAPED BY 300 MEN IN KOSOVO AFTER BEING
KIDNAPPED. SHE IS ONE OF COUNTLESS VICTIMS, SOME AS YOUNG AS 13, OF A
GROTESQUE 21ST CENTURY TRADE IN SEX SLAVES.
HER TORMENTORS? PEACEKEEPERS FROM THE UNITED NATIONS...
BY: BOB GRAHAM
SHE will never know the names of the hundreds of men who raped her.
As
Ellie Milutinovic lay on her back she closed her eyes and tried to
shut her mind to the savage reality of her ordeal - for her rapists
were the men who had been sent on a humanitarian mission in the name
of Britain, America, Europe and the rest of the civilised world.
Each time Ellie, a trainee nurse, from Belgrade, was forced to have
sex with another 'client' she saw the uniforms and the emblems of the
United Nations and K-FOR soldiers.
The men - of many nationalities - can have had no doubt that they
were
raping this 20-year-old girl who wanted to be a children's nurse.
To those who could speak English she made it clear: 'I am being held
as a prisoner.' Others, unable to understand or unwilling to hear her
desperate pleas, saw only the tears as they had their way with her.
The men each paid 100 Deutschmarks (about GBP 30) to have sex with
Ellie, although she received none of it. Each time she was forced to
submit to one of the K-FOR soldiers or contract work-ers, or one of
the UN police officers, it was against her wishes.
Ellie - and countless hundreds of other young women, some as young as
13 - are part of the shocking 21st Century white slave trade that has
forced them into prostitution in Kosovo.
The UN humanitarian effort to restore peace and freedom to the area -
after Nato's bombing campaign ended in June 1999 - is being
undermined
by the collective turning of blind eyes to the extent of this vile
human trade.
Ellie, the daughter of a professional footballer, was kidnapped 18
months ago and raped over a period of nine months before escaping
last
March to a British-controlled zone.
Her life was then threatened as she was due to give evidence in court
in the Kosovan capital, Pristina, against the men who had kidnapped
and abused her.
She was provided with round-the-clock security and worked as a UN
interpreter for the British. When the case ended, she was given a new
life in the West as part of an unofficial witness protection
programme.
In Britain she received help in piecing together her shattered life
and now has a new identity. She plans to settle in a small town in
southern Germany and pick up her studies as a nurse.
Ellie, her voice still quivering, remembers every detail of the
humiliation: 'Each day the nightmare of what happened comes into my
head. Even when I'm here, in this safe little community, I close my
eyes and see the faces of the men.
'I know I must be very careful because there are people out there who
are looking for me.
'My suffering will always be with me. Here, I am isolated. I will
always be running away.'
In Kosovo the majority of the sex trade involves women, like Ellie,
who have been kidnapped or duped by the promise of a better job, then
sold into a life of sexual slavery.
The girls are mainly from poverty-ridden former Communist states such
as Moldova, Ukraine, Romania, Bulgaria and Yugoslavia. The pimps are
part of a giant web of organised crime gangs.
Although the UN administration enacted new laws to prohibit
trafficking of women in January, the reality is there have been few
prosecutions and those that have taken place have been tainted by
accusations of corruption.
Inside the sleazy bars and nightclubs that have sprung up throughout
Kosovo in the past two years, the scene seldom changes, with the
dimmed red lights, loud music, cheap booze and the girls - often
semi-comatose from being drugged - draped over the men who have
become
known locally as 'The Internationals'.
OFFICIALLY, the UN, K-FOR and international aid agencies have
produced
lists of bars and clubs banned to the international brigade.
Kristine Brubacher, a Canadian police officer who headed the
Trafficking and Prostitution Unit set up by the UN to target the
bars,
admitted: 'The Internationals have created and contributed to the
problem because they bring in so much money to what was previously a
very poor region. Because of the money, thousands of girls are now
forced to work in prostitution.
'By the time they end up in Kosovo they will have been beaten, raped
repeatedly and imprisoned.
'Their pimp has their home address and their travel documents. They
are told that if they try to escape they will be beaten or killed and
their families back home will suffer.'
Much of the trade centres around addresses in Belgrade. There, girls
are paraded in front of potential buyers - Serbs, Albanians,
Macedonians and Montenegrin organised crime groups. Britons have been
among those invited to 'view and test the girls'.
The Trafficking and Prostitution Unit, backed up by armed Military
Police, frequently raid the banned bars. However, on several raids on
which I accompanied them, K-FOR personnel found in them were given a
quiet lecture and told to leave.
In a staggering double standard, the focus of attention is on
prosecuting bar owners and the girls.
Only on rare occasions are the details of The Internationals
revealed.
Last year, a senior British Army officer, Lieutenant Colonel Andrew
Buxton, a married 43-year-old father of two, was caught in a grubby
brothel which police intelligence files showed included girls who had
been trafficked.
Buxton, a liaison officer with the 2nd Battalion Royal Regiment of
Fusiliers, was immediately relieved of his duties in Kosovo and
returned to the UK.
A spokesman for the Army refused to disclose what action had been
taken against Buxton.
In Kosovo, where K-FOR has 39 countries supplying more than 44,000
soldiers - nearly ten per cent of them from Britain - guidelines on
'brothels and prostitution' have been issued to all contributing
countries. Additionally, there are 7,000-plus UN staff as well as
workers with more than 260 western aid agencies.
K-FOR spokesman Squadron Leader Roy Brown said: 'Any involvement of
K-FOR personnel with the victims of trafficking or prostitution that
is brought to our attention, will be thoroughly investigated.'
However, the publicly stated policy is not matched by performance. I
have seen state-ments taken from girls rescued from brothels which
indicate how they have been forcibly taken into K-FOR camps.
The statements point to widespread abuse of trafficked women by K-FOR
soldiers - particularly the 3,000-plus Russian K-FOR troops -
including occasions when girls were imprisoned inside the Russian
camp. Despite the K-FOR edict, Russian camps have not been searched,
nor have Russian soldiers been questioned about the accusations.
The reason for the lack of intervention is because it is 'politically
too sensitive' to do so.
But Ellie Milutinovic's case highlighted the extent of the K-FOR
abuse. After being kidnapped in a street near her Belgrade home,
Ellie
emerged from her drug-induced sleep and was raped before being told
she had been sold to a bar owner for 4,000 Deutschmarks (GBP 1,250)
to
work as a prostitute. If she refused, she was told, she would be
killed.
'We were taken to a place near Devic Skenderaj, to the Russian
military camp there.
'Two Russian soldiers came into a tent and told us to take off our
clothes. They had sex with us, then we were forced to have sex with
lots of soldiers. Twenty had sex with me.
'I could not believe what was happening to me, my mind had stopped
working. I could not eat or drink. I thought of escaping but I knew
they would kill me.
'The men were Internationals - Africans, Asians, a Pakistani who was
a
senior officer, and Russian soldiers including one who had three
stars
on his uniform. These men should be the ones helping me.
'I did not believe I could trust the police because there were police
officers who came in and had sex with us, knowing we were being held
as prisoners.'
Ellie estimates she was forced to have sex with at least 300 men
during the six weeks she was held - almost every one of them an
International. None of them, she says, was British.
When, eventually, she was rescued by a team of British police
officers, she agreed to give evidence in court against the five men
who had trafficked and abused her. It was the first case to be tried
under the new trafficking regulations in Kosovo.
But it was a case tainted by scandal with one of the accused offering
the international prosecutor, Peter Korneck, a 500,000 Deutschmark
(GBP 150,000) bribe to drop the charges. He refused it.
TWO days after the men - three Serbs and two Kosovars and all known
members of a crime gang - were found guilty and jailed for a total of
11 years, a local judge ordered their release 'pending an appeal'.
The likelihood of the five returning to court is small.
Ellie said: 'After the war I thought there would be better times.
Then
I was kidnapped and the nightmare just got worse. But the British
soldiers treated me well and with respect. It helped me build trust
again in people and in men.'
Today, Ellie still longs to return home but realises it is impossible
and is surprisingly pragmatic. 'I know it cannot be,' she says.
'Maybe
it's right I should not think of the past because when I do, it is of
the many men. I must only think of the future and try to forget.'
When, eventually, she was rescued by a team of British police
officers, she agreed to give evidence in court against the five men
who had trafficked and abused her. It was the first case to be tried
under the new trafficking regulations in Kosovo.
URL for this article:
http://emperors-clothes.com/news/menzies.htm
www.tenc.net * [Emperor's Clothes]
=======================================
Brokered by a Top U.S. Official:
TERRORIST TO BE KOSOVO'S 'PREMIER'
From BETA wire service
[Posted 26 January 2002]
=======================================
[EMPEROR'S CLOTHES NOTE: If you think
you've seen everything, check out the
dispatch from the BETA wire service,
posted below.
In the midst of the infinite war
against terrorism, John Menzies, top
U.S. official in Pristina, capital of the
Serbian province of Kosovo, has arranged
a deal appointing a KLA terrorist to be
the so-called Premier of Kosovo.
How can the U.S. foreign policy
Establishment expect to get away with
this open endorsement of terrorism?
Actually it's quite simple. Although
BBC WorldWide Monitoring has posted
transcripts of Albanian secessionist
sources reporting that Menzies was
trying to arrange such a deal, not one
important English-language news source
has at this time (2 AM ET, 26 January)
reported that Menzies pulled it off.
The motto of our brave new Empire might
be: an uninformed people is a placid people.
The dispatch from the BETA wire service
refers to the Democratic [sic!] Party
of Kosovo (DPK). The DPK is one of two
parties formed from factions of the
terrorist Kosovo Liberation Army (KLA).
Keep in mind that these same
terrorists are continuing to attack
southern Serbia and Macedonia, and
assassinate Serbs and others in Kosovo.
(1) & (2)
The DPK is the party of Mr. Hacim
Thaci's faction. The other KLA party is
called the Alliance for the Future of
Kosovo. It is led by Ramush (or Ramus)
Haradinaj, who participated in Mr.
Menzies' meeting in Pristina, discussed
in the BETA dispatch.
Haradinaj is infamous for the bombing
of the Panda Cafe in Pec in December
1999. Haradinaj's KLA opened fire on
the Cafe, machine gunning six Serbian
teenagers. (3)
If you are distressed that this deal,
giving Thaci's party the post of
Premier of Kosovo, was arranged by the
top U.S. official in Kosovo - you
should be. Alas this is nothing new.
The U.S. has been using Kosovo
secessionists, including the KLA, to
destabilize the Balkans for years. (4)
& (5)
-- Jared Israel ]
BETA DAILY NEWS
January 24
ALBANIAN LEADERS IN KOSOVO REACH
AGREEMENT ON DISTRIBUTION OF DUTIES.
[EC Note: The following is the full
text of the BETA dispatch concerning
the agreement.]
An agreement was reached in the U.S.
office in Pristina on the distribution
of top political duties in the
province, BETA learned from unofficial
sources.
According to the sources, leaders of
the three strongest Kosovo parties had
talks with the head of the U.S. office
in Pristina John Menzies on Jan. 22
and 23, about ending the political
crisis in Kosovo.
Besides Menzies, the meeting was
attended by the president of the Democratic
Alliance of Kosovo (DSK) Ibrahim
Rugova, Fatmir Limaj and Hajredin Kuci
of the Democratic Party of Kosovo (DPK),
and by the president of the Alliance
for the Future of Kosovo Ramus Haradinaj.
Sources close to the participants of
the meeting said that the DSK gave up
on the duty of Kosovo premier and agreed
that this position belongs to the DPK,
which won 26 seats in the Kosovo
assembly.
According to BETA's sources, the DSK
still requested that the premier be
proposed by assembly speaker Nexhat
Daci and not directly by the DPK.
So far the DSK had offered five
ministerial positions to its partners,
two deputy premierships and one deputy
assembly speaker post, which the DPK and
the Alliance for the Future of Kosovo
rejected.
According to the new agreement, the DSK
will take the office of Kosovo
president and assembly speaker. If the
DPK is to supply the premier, the
party will then have only one minister
in the future Kosovo government.
Out of nine portfolios in the future
cabinet, seven will be controlled by
Albanian parties. Meanwhile, Kosovo
Albanian leaders are under great pressure
by representatives of the international
community in Pristina to appoint top
officials of the interim administration.
(c) BETA 2002 - Posted for Fair Use Only
For full dispatch from which the
section concerning this meeting was
taken, see
http://www.google.com/search?q=
cache:544iejN9TsQC:www.beta.co.yu/vestieng.asp+
beta+thaci+menzies&hl=en
***
Emperor's Clothes Urgently Needs
Your Help!
[See Below]
Please feel free to
re-post our material, but please quote
our words rather than paraphrasing.
Please credit the author(s) if you use
our work. And please give the
article's Web address so people can
check the documentation.
FOOTNOTES:
* 'Afghan Operation Leaves Russia
'Encircled' by US-NATO'
by Sergey Ptichkin and Aleksey
Chichkin. Can be read at
http://emperors-clothes.com/analysis/encircle.htm
1) 'How NATO and the UN Sponsor
Terrorists in Kosovo'
by Jared Israel and Rick Rozoff Can be read at
http://emperors-clothes.com/articles/jared/nocrime.htm
2) 'Dragoljub Markovic, Murdered by
NATO Terrorists on Orthodox Christmas'
by Jared Israel at
http://emperors-clothes.com/analysis/dragoljub.htm
3) Regarding both the slaughter in the
Panda Cafe and the current
British/U.S. policy of grooming the KLA
terrorists in the disguise of
humanitarian, democratic politicians,
see 'Which Terrorists Are Worse?
Al Qaeda? Or the KLA?' by Jared Israel at
http://emperors-clothes.com/analysis/kla-aq.htm
4) In 'The Cat is Out of the Bag,' we
quote Western media sources to confirm
that the U.S. Establishment used the
so-called Kosovo Verification Mission
in the fall of 1998 to reorganize the
Kosovo Liberation Army, attempting to
create a more effective terrorist force.
http://emperors-clothes.com/news/ciaaided.htm
This is U.S. strategy is brilliantly
explained by Kosovo Archivist Cedomir
Prlincevic in the interview, 'Why
Albanians Fled During the NATO Bombing,' at
http://emperors-clothes.com/interviews/keys.htm
This is must reading for
anyone who would understand a) the
Balkans and b) the skill with which
U.S. covert operations manipulate ethnic
groups for geopolitical ends.
(5) 'Articles Documenting the U.S./NATO
Assault on Macedonia,' can be read at
http://www.emperors-clothes.com/mac/list-m.htm
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http://emperors-clothes.com/news/menzies.htm
www.tenc.net * [Emperor's Clothes]
=======================================
Brokered by a Top U.S. Official:
TERRORIST TO BE KOSOVO'S 'PREMIER'
From BETA wire service
[Posted 26 January 2002]
=======================================
[EMPEROR'S CLOTHES NOTE: If you think
you've seen everything, check out the
dispatch from the BETA wire service,
posted below.
In the midst of the infinite war
against terrorism, John Menzies, top
U.S. official in Pristina, capital of the
Serbian province of Kosovo, has arranged
a deal appointing a KLA terrorist to be
the so-called Premier of Kosovo.
How can the U.S. foreign policy
Establishment expect to get away with
this open endorsement of terrorism?
Actually it's quite simple. Although
BBC WorldWide Monitoring has posted
transcripts of Albanian secessionist
sources reporting that Menzies was
trying to arrange such a deal, not one
important English-language news source
has at this time (2 AM ET, 26 January)
reported that Menzies pulled it off.
The motto of our brave new Empire might
be: an uninformed people is a placid people.
The dispatch from the BETA wire service
refers to the Democratic [sic!] Party
of Kosovo (DPK). The DPK is one of two
parties formed from factions of the
terrorist Kosovo Liberation Army (KLA).
Keep in mind that these same
terrorists are continuing to attack
southern Serbia and Macedonia, and
assassinate Serbs and others in Kosovo.
(1) & (2)
The DPK is the party of Mr. Hacim
Thaci's faction. The other KLA party is
called the Alliance for the Future of
Kosovo. It is led by Ramush (or Ramus)
Haradinaj, who participated in Mr.
Menzies' meeting in Pristina, discussed
in the BETA dispatch.
Haradinaj is infamous for the bombing
of the Panda Cafe in Pec in December
1999. Haradinaj's KLA opened fire on
the Cafe, machine gunning six Serbian
teenagers. (3)
If you are distressed that this deal,
giving Thaci's party the post of
Premier of Kosovo, was arranged by the
top U.S. official in Kosovo - you
should be. Alas this is nothing new.
The U.S. has been using Kosovo
secessionists, including the KLA, to
destabilize the Balkans for years. (4)
& (5)
-- Jared Israel ]
BETA DAILY NEWS
January 24
ALBANIAN LEADERS IN KOSOVO REACH
AGREEMENT ON DISTRIBUTION OF DUTIES.
[EC Note: The following is the full
text of the BETA dispatch concerning
the agreement.]
An agreement was reached in the U.S.
office in Pristina on the distribution
of top political duties in the
province, BETA learned from unofficial
sources.
According to the sources, leaders of
the three strongest Kosovo parties had
talks with the head of the U.S. office
in Pristina John Menzies on Jan. 22
and 23, about ending the political
crisis in Kosovo.
Besides Menzies, the meeting was
attended by the president of the Democratic
Alliance of Kosovo (DSK) Ibrahim
Rugova, Fatmir Limaj and Hajredin Kuci
of the Democratic Party of Kosovo (DPK),
and by the president of the Alliance
for the Future of Kosovo Ramus Haradinaj.
Sources close to the participants of
the meeting said that the DSK gave up
on the duty of Kosovo premier and agreed
that this position belongs to the DPK,
which won 26 seats in the Kosovo
assembly.
According to BETA's sources, the DSK
still requested that the premier be
proposed by assembly speaker Nexhat
Daci and not directly by the DPK.
So far the DSK had offered five
ministerial positions to its partners,
two deputy premierships and one deputy
assembly speaker post, which the DPK and
the Alliance for the Future of Kosovo
rejected.
According to the new agreement, the DSK
will take the office of Kosovo
president and assembly speaker. If the
DPK is to supply the premier, the
party will then have only one minister
in the future Kosovo government.
Out of nine portfolios in the future
cabinet, seven will be controlled by
Albanian parties. Meanwhile, Kosovo
Albanian leaders are under great pressure
by representatives of the international
community in Pristina to appoint top
officials of the interim administration.
(c) BETA 2002 - Posted for Fair Use Only
For full dispatch from which the
section concerning this meeting was
taken, see
http://www.google.com/search?q=
cache:544iejN9TsQC:www.beta.co.yu/vestieng.asp+
beta+thaci+menzies&hl=en
***
Emperor's Clothes Urgently Needs
Your Help!
[See Below]
Please feel free to
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Please credit the author(s) if you use
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check the documentation.
FOOTNOTES:
* 'Afghan Operation Leaves Russia
'Encircled' by US-NATO'
by Sergey Ptichkin and Aleksey
Chichkin. Can be read at
http://emperors-clothes.com/analysis/encircle.htm
1) 'How NATO and the UN Sponsor
Terrorists in Kosovo'
by Jared Israel and Rick Rozoff Can be read at
http://emperors-clothes.com/articles/jared/nocrime.htm
2) 'Dragoljub Markovic, Murdered by
NATO Terrorists on Orthodox Christmas'
by Jared Israel at
http://emperors-clothes.com/analysis/dragoljub.htm
3) Regarding both the slaughter in the
Panda Cafe and the current
British/U.S. policy of grooming the KLA
terrorists in the disguise of
humanitarian, democratic politicians,
see 'Which Terrorists Are Worse?
Al Qaeda? Or the KLA?' by Jared Israel at
http://emperors-clothes.com/analysis/kla-aq.htm
4) In 'The Cat is Out of the Bag,' we
quote Western media sources to confirm
that the U.S. Establishment used the
so-called Kosovo Verification Mission
in the fall of 1998 to reorganize the
Kosovo Liberation Army, attempting to
create a more effective terrorist force.
http://emperors-clothes.com/news/ciaaided.htm
This is U.S. strategy is brilliantly
explained by Kosovo Archivist Cedomir
Prlincevic in the interview, 'Why
Albanians Fled During the NATO Bombing,' at
http://emperors-clothes.com/interviews/keys.htm
This is must reading for
anyone who would understand a) the
Balkans and b) the skill with which
U.S. covert operations manipulate ethnic
groups for geopolitical ends.
(5) 'Articles Documenting the U.S./NATO
Assault on Macedonia,' can be read at
http://www.emperors-clothes.com/mac/list-m.htm
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Data: 05/02/2002 21:57
Da: Vladimir Krsljanin
Oggetto: Borislav Milosevic: Intervju o "intervjuu"
Sovjetska Rusija, 5. februar 2002.
Pre nekoliko dana se u listu "Izvestija" pojavio "ekskluzivni
intervju" Slobodana Milosevica koji je on navodno tajno dao dopisniku
ITAR-TASS u Italiji Olegu Osipovu. Duboku sumnju izazivaju kako sadrzaj
"intervjua" tako i okolnosti njegovog pojavljivanja. Zato je "Sovjetska
Rusija" odlucila da se obrati coveku koji, po svoj prilici, moze
najkompetentnije suditi o njegovoj verodostojnosti. To je Borislav
Milosevic - brat bivseg predsednika Savezne Republike Jugoslavije.
P. Borislave Svetozarevicu, citali ste "intervju" Slobodana
Milosevica u "Izvestijama". Koliko Vam se cini verodostojnim?
O. To je vrlo cudna prica. "Intervju" je navodno dobijen preko
"pres-sluzbe umerenog lidera kosovskih Albanaca I. Rugove". Kakva
kojestarija. Izmedju S. Milosevica i I. Rugove nikad nije bilo tako
prijateljskih odnosa da bi se sad odjednom Rugova pozabavio
organizacijom "tajnog intervjua".
Dalje sledi jos zakukuljenije. "Intervju" je navodno bio moguc
samo uz koriscenje sredstava "iz arsenala agenta 007" uz primenu
nekih tamo "sicusnih mikrocipova" koje koriste zapadne
specijalne sluzbe. To je jos veca kojestarija. Slobodan je pod
tako strogom kontrolom da je nemoguce koristiti bilo
kakve "mikrocipove". Svi njegovi telefonski razgovori se
zvanicno snimaju. On je pod neprestanom prismotrom pomocu videokamera
i infracrvenih kamera. Pokusaj sugerisanja citaocima da je u takvim
uslovima moguc nekakav tajni intervju - to je racunanje na sasvim
naivne ljude.
P. A koliko se moze smatrati verodostojnim sadrzaj tog teksta?
O. Ocigledno ga je napisao covek koji se nikad nije sreo sa
Slobodanom, pa cak nije citao ni njegove clanke i nastupe. "Ja sam
simbol istocnoevropskog sveta", "vodim dnevnik da bih potomcima preneo
lucu istorije zapaljenu svescu Srba". Tako kitnjast stil apsolutno nije
svojstven Slobodanu Milosevicu. Dovoljno je procitati njegove nastupe u
natovskom "tribunalu", objavljene u "Sovjetskoj Rusiji", da bi se
shvatilo da je "intervju" napisan stilom koji mu je apsolutno stran.
Jos jednom ponavljam: oni koji su pripremali taj falsifikat cak nisu
nasli za shodno ni da se upoznaju s radovima S. Milosevica. "Intervju"
sadrzi mnogo svakojakih gluposti koje, medjutim, uopste nisu bezazlene.
P. Zasto je, po Vasem misljenju, sve to pokrenuto?
O. Pocnimo od toga da list "Izvestija" u predgovoru tog
"intervjua" izliva bujicu blacenja i laznih optuzbi na S. Milosevica.
Vec iz toga se moze steci slika o zamisli te provokacije. Ima nekoliko
mogucih razloga. Glavni je u tome sto se natovski "tribunal" suocava sa
znatnim problemima. On ne raspolaze dokazima krivice S. Milosevica za
zlocine koji mu se pripisuju. A kroz nedelju dana, 12. februara,
pocinje glavno sudjenje.
Zato se izvodi svojevrsna "propagandna artiljerijska priprema". Sve to
je uobicajeni postupak zapadnih "zastitnika ljudskih prava": javna
glasila iznose najnezamislivije optuzbe i blate coveka. Teze da
ga "satanizuju" (kako to sami nazivaju) da bi javnost prihvatila
najmonstruozniju osudu.
Takvim falsifikatima pokuzavaju da uguse njegove prave izjave u haskom
"tribunalu", koje se izmedju ostalog objavljuju i u "Sovjetskoj Rusiji".
Drugo. U svetu jacaju sumnje u zakonitost samog "Medjunarodnog
tribunala". Sve vise ljudi, pa i poznatih strucnjaka za medjunarodno
pravo, smatra da je nelegalno stvoren. "Tribunal" je nastao po odluci
Saveta bezbednosti OUN. Medjutim, po Povelji OUN Savet bezbednosti nema
pravo da formira sudske organe. Poznati francuski advokat Zak Verzes je
bukvalno prekjuce u jednosatnom radio-intervjuu taj "tribunal"
pretvorio u prah i pepeo, dokazavsi njegovu nelegalnost. Veliko je
pitanje i oko izvora finansiranja "tribunala", od kojih znatan deo
stize iz "privatnih izvora".
Mnogi pravnici osudjuju i "samouspostavljanje" proceduralnih normi
"tribunala" koje mu dozvoljavaju koriscenje, na primer, anonimnih
svedoka.
Pa to je najgrublje krsenje opsteprihvacenih pravnih normi. Cak ni u
nacistickim sudovima nije bilo anonimnih svedoka.
Uzged, imam podatke da se i rukovodstvo Rusije prema delatnosti
"tribunala" odnosi bez preteranog entuzijazma. Ministarstvo inostranih
poslova Rusije postavlja svojim zapadnim partnerima pitanje skorog
zavrsetka delatnosti "tribunala".
P. Moguce da su na Zapadu nervozni zbog propalog pokusaja da se
svetskom javnom mnjenju nametne predstava o bivsem predsedniku
Jugoslavije kao o "zlocincu"?
O. Potpuno tacno. Medjunarodna kampanja podrske Slobodanu
Milosevicu poprima zaista svetski karakter. Ona se vrlo aktivno vodi u
Zapadnoj Evropi i u SAD. Medjunarodni komitet za odbranu Slobodana
Milosevica podneo je tuzbu Evropskom sudu za ljudska prava zbog
kriminalne otmice S. Milosevica iz Beograda po porudzbini "tribunala".
U mnogim zemljama se odrzavaju mitinzi i protestne demonstracije. U
Hagu ce 12. februara poceti sudski proces protiv "tribunala" na
inicijativu holandskog pravnika koji optuzuje "tribunal" za
organizaciju otmice S. Milosevica.
Nedavno je grupa deputata Drzavne Dume - clanova Parlamentarne
skupstine Saveta Evrope zvanicno pred PSSE postavila pitanje o
mnogobrojnim krsenjima zakona u "slucaju Slobodana Milosevica". Takvo
pismo je, sa potpisima G. A. Zjuganova, I. I. Meljnjikova i deputata
parlamenta jos sest evropskih zemalja, upuceno Komitetu PSSE za pravna
pitanja i ljudska prava.
Medjutim, sve cesce se pojavljuju dokazi o povezanosti albanskih
naoruzanih separatista i terorista na Kosovu sa medjunarodnom
teroristickom mrezom Osame bin Ladena. Zapravo, i sam Slobodan
Milosevic je jos pre nekoliko godina o tome govorio zvanicnim
predstavnicima SAD. Sada, u jeku "antiteroristicke kampanje" Zapad bi
morao da prizna da se S. Milosevic u stvari borio sa medjunarodnim
terorizmom. A to se SAD i njihovim saveznicima uopste ne isplati. Jer,
ispostavlja se da su, podrzavajuci kosovske ekstremiste, podrzavali
terorizam. Zato se takve skrabotine i javljaju da bi se paznja svetske
javnosti odvratila od umesanosti Zapada u teror.
P. Zar ne iskljucujete mogucnost da se iza tog "intervjua" kriju
jos zloslutniji motivi od onih koje ste naveli?
O. Ne, ne iskljucujem. Vrlo je moguce da taj "intervju" treba da
pripremi teren za optuzbu Slobodana Milosevica za grubo krsenje
zatvorskih pravila i za ostro ogranicavanje njegovih prava, izmedju
ostalog i na kontakte s porodicom i pravnicima.
Istovremeno bih zeleo da obratim paznju na onaj deo tog
"intervjua" u kome S. Milosevic navodno karakterise svoje stanje
kao "visece uz bojazljivu nadu". Slobodan je po prirodi borac. I to je
svima dobro poznato. Medjutim, zapadna stampa i politicari vec odavno
svima sugerisu misao da je Slobodan navodno sklon samoubistvu. Svako ko
ga poznaje ili ga je prosto video na TV ekranu u akciji, tokom haske
sudanije, zna da je spreman za borbu u najtezim uslovima. Medjutim,
stalno nam podmecu ideju o "samoubistvu" da bi opravdali moguci fizicki
obracun s njim u slucaju kraha sudanije.
P. Vratimo se ipak izvorima: ITAR-TASS-u i listu "Izvestija".
Zasto se taj "ekskluzivni intervju" pojavio bas u Rusiji?
O. S velikim postovanjem se odnosim prema ITAR-TASS. To je jedna
od pet vodecih svetskih agencija. Pa i "Izvestija" su novine vrlo
ugledne proslosti. Zato me narocito cudi sto dozvoljavaju da ih koriste
za tudju i prilicno primitivnu provokaciju. Jer, taj "intervju" je
odmah preneo citav niz jugoslovenskih listova. Ocigledno se racunalo na
to da ce u Jugoslaviji vise verovati informacijama koje poticu iz
Rusije. Za zaljenje je sto je list "Izvestija" odlucio da publikuje
takvu jeftinu laz i to jos sa predgovorom urednistva koji protivureci
opstepoznatim cinjenicama. Jer, cak i Zapadna glasila cesto
objektivnije i odmerenije ocenjuju situaciju oko haskog procesa.
Uzgred, pre jedno tri nedelje se pojavila vest da su u
Jugoslaviji uhapseni bivsi lideri bosanskih Srba R. Karadzic i R.
Mladic, za kojima takodje traga natovski "tribunal". To saopstenje,
koje je izazvalo burno negodovanje u Jugoslaviji, pripisano je
predsedniku Kostunici. Bio je prinudjen da to specijalno demantuje.
Informacija je poticala iz ITAR-TASS i takodje je (navodno!) bila
dobijena od pres-sluzbe I. Rugove. To vec nikako nije slucajno.
P. Da li je, po Vasem misljenju, taj "interjvu" jednokratna
akcija ili deo sire kampanje?
O. To je deo siroke klevetnicke kampanje protiv S. Milosevica i
njegove porodice koja se vec preko 10 godina vodi. Licno sam 1993.
godine u Parizu video ulicne plakate sa likom S. Milosevica pored ....
Hitlera.
Kampanja lazi protiv njega bukne svaki put uoci nekih vaznih dogadjaja.
Tako je bilo 1995. godine kada je S. Milosevic vodio razgovore o
uspostavljanju mira u Bosni. Tada su ga u zapadnim glasilima u tolikoj
meri blatili da je svojim americkim partnerima izjavio da ce napustiti
razgovore ukoliko moralna ucena ne prestane. Ali, Slobodan sada ima
manje mogucnosti za odbranu od klevetnickih optuzbi. Inicijatori
provokacije to i koriste. Sada je u Jugoslaviji pocelo objavljivanje
izvesnih "stenograma telefonskih razgovora" koje je navodno hrvatska
obavestajna sluzba prisluskivala i snimila 1996-1998. godine. Jos jedan
falsifikat.
P. Svakako da bi bilo krajnje interesantno i vazno cuti
misljenje samog Slobodana Milosevica o ovome.
O. Bukvalno juce sam razgovarao telefonom sa njim. Taj
"intervju" je kod njega izazvao ironican osmeh.
Razgovarao V. Tetjokin
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)
Da: Vladimir Krsljanin
Oggetto: Borislav Milosevic: Intervju o "intervjuu"
Sovjetska Rusija, 5. februar 2002.
Pre nekoliko dana se u listu "Izvestija" pojavio "ekskluzivni
intervju" Slobodana Milosevica koji je on navodno tajno dao dopisniku
ITAR-TASS u Italiji Olegu Osipovu. Duboku sumnju izazivaju kako sadrzaj
"intervjua" tako i okolnosti njegovog pojavljivanja. Zato je "Sovjetska
Rusija" odlucila da se obrati coveku koji, po svoj prilici, moze
najkompetentnije suditi o njegovoj verodostojnosti. To je Borislav
Milosevic - brat bivseg predsednika Savezne Republike Jugoslavije.
P. Borislave Svetozarevicu, citali ste "intervju" Slobodana
Milosevica u "Izvestijama". Koliko Vam se cini verodostojnim?
O. To je vrlo cudna prica. "Intervju" je navodno dobijen preko
"pres-sluzbe umerenog lidera kosovskih Albanaca I. Rugove". Kakva
kojestarija. Izmedju S. Milosevica i I. Rugove nikad nije bilo tako
prijateljskih odnosa da bi se sad odjednom Rugova pozabavio
organizacijom "tajnog intervjua".
Dalje sledi jos zakukuljenije. "Intervju" je navodno bio moguc
samo uz koriscenje sredstava "iz arsenala agenta 007" uz primenu
nekih tamo "sicusnih mikrocipova" koje koriste zapadne
specijalne sluzbe. To je jos veca kojestarija. Slobodan je pod
tako strogom kontrolom da je nemoguce koristiti bilo
kakve "mikrocipove". Svi njegovi telefonski razgovori se
zvanicno snimaju. On je pod neprestanom prismotrom pomocu videokamera
i infracrvenih kamera. Pokusaj sugerisanja citaocima da je u takvim
uslovima moguc nekakav tajni intervju - to je racunanje na sasvim
naivne ljude.
P. A koliko se moze smatrati verodostojnim sadrzaj tog teksta?
O. Ocigledno ga je napisao covek koji se nikad nije sreo sa
Slobodanom, pa cak nije citao ni njegove clanke i nastupe. "Ja sam
simbol istocnoevropskog sveta", "vodim dnevnik da bih potomcima preneo
lucu istorije zapaljenu svescu Srba". Tako kitnjast stil apsolutno nije
svojstven Slobodanu Milosevicu. Dovoljno je procitati njegove nastupe u
natovskom "tribunalu", objavljene u "Sovjetskoj Rusiji", da bi se
shvatilo da je "intervju" napisan stilom koji mu je apsolutno stran.
Jos jednom ponavljam: oni koji su pripremali taj falsifikat cak nisu
nasli za shodno ni da se upoznaju s radovima S. Milosevica. "Intervju"
sadrzi mnogo svakojakih gluposti koje, medjutim, uopste nisu bezazlene.
P. Zasto je, po Vasem misljenju, sve to pokrenuto?
O. Pocnimo od toga da list "Izvestija" u predgovoru tog
"intervjua" izliva bujicu blacenja i laznih optuzbi na S. Milosevica.
Vec iz toga se moze steci slika o zamisli te provokacije. Ima nekoliko
mogucih razloga. Glavni je u tome sto se natovski "tribunal" suocava sa
znatnim problemima. On ne raspolaze dokazima krivice S. Milosevica za
zlocine koji mu se pripisuju. A kroz nedelju dana, 12. februara,
pocinje glavno sudjenje.
Zato se izvodi svojevrsna "propagandna artiljerijska priprema". Sve to
je uobicajeni postupak zapadnih "zastitnika ljudskih prava": javna
glasila iznose najnezamislivije optuzbe i blate coveka. Teze da
ga "satanizuju" (kako to sami nazivaju) da bi javnost prihvatila
najmonstruozniju osudu.
Takvim falsifikatima pokuzavaju da uguse njegove prave izjave u haskom
"tribunalu", koje se izmedju ostalog objavljuju i u "Sovjetskoj Rusiji".
Drugo. U svetu jacaju sumnje u zakonitost samog "Medjunarodnog
tribunala". Sve vise ljudi, pa i poznatih strucnjaka za medjunarodno
pravo, smatra da je nelegalno stvoren. "Tribunal" je nastao po odluci
Saveta bezbednosti OUN. Medjutim, po Povelji OUN Savet bezbednosti nema
pravo da formira sudske organe. Poznati francuski advokat Zak Verzes je
bukvalno prekjuce u jednosatnom radio-intervjuu taj "tribunal"
pretvorio u prah i pepeo, dokazavsi njegovu nelegalnost. Veliko je
pitanje i oko izvora finansiranja "tribunala", od kojih znatan deo
stize iz "privatnih izvora".
Mnogi pravnici osudjuju i "samouspostavljanje" proceduralnih normi
"tribunala" koje mu dozvoljavaju koriscenje, na primer, anonimnih
svedoka.
Pa to je najgrublje krsenje opsteprihvacenih pravnih normi. Cak ni u
nacistickim sudovima nije bilo anonimnih svedoka.
Uzged, imam podatke da se i rukovodstvo Rusije prema delatnosti
"tribunala" odnosi bez preteranog entuzijazma. Ministarstvo inostranih
poslova Rusije postavlja svojim zapadnim partnerima pitanje skorog
zavrsetka delatnosti "tribunala".
P. Moguce da su na Zapadu nervozni zbog propalog pokusaja da se
svetskom javnom mnjenju nametne predstava o bivsem predsedniku
Jugoslavije kao o "zlocincu"?
O. Potpuno tacno. Medjunarodna kampanja podrske Slobodanu
Milosevicu poprima zaista svetski karakter. Ona se vrlo aktivno vodi u
Zapadnoj Evropi i u SAD. Medjunarodni komitet za odbranu Slobodana
Milosevica podneo je tuzbu Evropskom sudu za ljudska prava zbog
kriminalne otmice S. Milosevica iz Beograda po porudzbini "tribunala".
U mnogim zemljama se odrzavaju mitinzi i protestne demonstracije. U
Hagu ce 12. februara poceti sudski proces protiv "tribunala" na
inicijativu holandskog pravnika koji optuzuje "tribunal" za
organizaciju otmice S. Milosevica.
Nedavno je grupa deputata Drzavne Dume - clanova Parlamentarne
skupstine Saveta Evrope zvanicno pred PSSE postavila pitanje o
mnogobrojnim krsenjima zakona u "slucaju Slobodana Milosevica". Takvo
pismo je, sa potpisima G. A. Zjuganova, I. I. Meljnjikova i deputata
parlamenta jos sest evropskih zemalja, upuceno Komitetu PSSE za pravna
pitanja i ljudska prava.
Medjutim, sve cesce se pojavljuju dokazi o povezanosti albanskih
naoruzanih separatista i terorista na Kosovu sa medjunarodnom
teroristickom mrezom Osame bin Ladena. Zapravo, i sam Slobodan
Milosevic je jos pre nekoliko godina o tome govorio zvanicnim
predstavnicima SAD. Sada, u jeku "antiteroristicke kampanje" Zapad bi
morao da prizna da se S. Milosevic u stvari borio sa medjunarodnim
terorizmom. A to se SAD i njihovim saveznicima uopste ne isplati. Jer,
ispostavlja se da su, podrzavajuci kosovske ekstremiste, podrzavali
terorizam. Zato se takve skrabotine i javljaju da bi se paznja svetske
javnosti odvratila od umesanosti Zapada u teror.
P. Zar ne iskljucujete mogucnost da se iza tog "intervjua" kriju
jos zloslutniji motivi od onih koje ste naveli?
O. Ne, ne iskljucujem. Vrlo je moguce da taj "intervju" treba da
pripremi teren za optuzbu Slobodana Milosevica za grubo krsenje
zatvorskih pravila i za ostro ogranicavanje njegovih prava, izmedju
ostalog i na kontakte s porodicom i pravnicima.
Istovremeno bih zeleo da obratim paznju na onaj deo tog
"intervjua" u kome S. Milosevic navodno karakterise svoje stanje
kao "visece uz bojazljivu nadu". Slobodan je po prirodi borac. I to je
svima dobro poznato. Medjutim, zapadna stampa i politicari vec odavno
svima sugerisu misao da je Slobodan navodno sklon samoubistvu. Svako ko
ga poznaje ili ga je prosto video na TV ekranu u akciji, tokom haske
sudanije, zna da je spreman za borbu u najtezim uslovima. Medjutim,
stalno nam podmecu ideju o "samoubistvu" da bi opravdali moguci fizicki
obracun s njim u slucaju kraha sudanije.
P. Vratimo se ipak izvorima: ITAR-TASS-u i listu "Izvestija".
Zasto se taj "ekskluzivni intervju" pojavio bas u Rusiji?
O. S velikim postovanjem se odnosim prema ITAR-TASS. To je jedna
od pet vodecih svetskih agencija. Pa i "Izvestija" su novine vrlo
ugledne proslosti. Zato me narocito cudi sto dozvoljavaju da ih koriste
za tudju i prilicno primitivnu provokaciju. Jer, taj "intervju" je
odmah preneo citav niz jugoslovenskih listova. Ocigledno se racunalo na
to da ce u Jugoslaviji vise verovati informacijama koje poticu iz
Rusije. Za zaljenje je sto je list "Izvestija" odlucio da publikuje
takvu jeftinu laz i to jos sa predgovorom urednistva koji protivureci
opstepoznatim cinjenicama. Jer, cak i Zapadna glasila cesto
objektivnije i odmerenije ocenjuju situaciju oko haskog procesa.
Uzgred, pre jedno tri nedelje se pojavila vest da su u
Jugoslaviji uhapseni bivsi lideri bosanskih Srba R. Karadzic i R.
Mladic, za kojima takodje traga natovski "tribunal". To saopstenje,
koje je izazvalo burno negodovanje u Jugoslaviji, pripisano je
predsedniku Kostunici. Bio je prinudjen da to specijalno demantuje.
Informacija je poticala iz ITAR-TASS i takodje je (navodno!) bila
dobijena od pres-sluzbe I. Rugove. To vec nikako nije slucajno.
P. Da li je, po Vasem misljenju, taj "interjvu" jednokratna
akcija ili deo sire kampanje?
O. To je deo siroke klevetnicke kampanje protiv S. Milosevica i
njegove porodice koja se vec preko 10 godina vodi. Licno sam 1993.
godine u Parizu video ulicne plakate sa likom S. Milosevica pored ....
Hitlera.
Kampanja lazi protiv njega bukne svaki put uoci nekih vaznih dogadjaja.
Tako je bilo 1995. godine kada je S. Milosevic vodio razgovore o
uspostavljanju mira u Bosni. Tada su ga u zapadnim glasilima u tolikoj
meri blatili da je svojim americkim partnerima izjavio da ce napustiti
razgovore ukoliko moralna ucena ne prestane. Ali, Slobodan sada ima
manje mogucnosti za odbranu od klevetnickih optuzbi. Inicijatori
provokacije to i koriste. Sada je u Jugoslaviji pocelo objavljivanje
izvesnih "stenograma telefonskih razgovora" koje je navodno hrvatska
obavestajna sluzba prisluskivala i snimila 1996-1998. godine. Jos jedan
falsifikat.
P. Svakako da bi bilo krajnje interesantno i vazno cuti
misljenje samog Slobodana Milosevica o ovome.
O. Bukvalno juce sam razgovarao telefonom sa njim. Taj
"intervju" je kod njega izazvao ironican osmeh.
Razgovarao V. Tetjokin
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)
DECISION OF THE FEDERAL CONSTITUTIONAL COURT
Here is the second part of the text.
The first has been already distributed - see
http://groups.yahoo.com/group/crj-mailinglist/message/1554
The third - and last - follows in a subsequent posting.
===*===
After it was made on November 6, the Decision of the Federal
Constitutional Court on unconstitutionality of the the Federal
Government's Decree on cooperation with the so-called tribunal in the
Hague has finally been published. Here is an unofficial English
translation of it.
OFFICIAL GAZETTE OF FRY, No.70/01, December 28, 2001
(...) [for the first part see:
http://groups.yahoo.com/group/crj-mailinglist/message/1554%5d
III
1. The Federal Government regulated in
the contested Decree the procedure
for cooperation of the Federal Republic
of Yugoslavia with the International
Criminal Tribunal in criminal prosecution
of individuals responsible for
grave crimes against the international
humanitarian law perpetrated in the
territory of ex-Yugoslavia since
1991(hereinafter: the International
Criminal Tribunal) and performance of
obligations of FRY stemming from the
Security Council Resolution 827(1993) and
the Statute of the International
Criminal Tribunal.
The Decree covered, inter alia: transfer
of criminal proceedings held in the
national courts to the International
Criminal Tribunal if so requested;
proceedings and jurisdiction of courts
and other authorities for decision
making in such matters (Article 12 ad
13): the proceedings in national
courts after the transfer of the
proceedings to the International Criminal
Tribunal (Article 14): the possibility of
extradition of all the accused
(foreigners and Yugoslav citizens) to the
jurisdiction of the International
Criminal Tribunal and its investigation
bodies to undertake activities in
the Federal Republic of
Yugoslavia(Articles 9 and 10); legal
assistance to
the International Criminal Tribunal,
including granting of transit of the
Yugoslav citizens through the territory
if the Federal Republic of
Yugoslavia( Articles 18 and 19) and
others. The Decree contains references
to the application of the Statute of the
International Criminal Tribunal and
its Rules of Procedure and Evidence, to
be applied by judicial and other
authorities in the Federal Republic of
Yugoslavia (Articles l, 2, 6, 12 and 17).
2. The provisions of Constitution of FRY
provided for the following: power
in the Federal Republic of Yugoslavia is
organized along the principle of
division of legislative, executive and
judicial power (Article 12); the
executive and judicial power are bound by
the laws, which are in compliance
with the Constitution (Article 9, pars 2
and 3); the Federal Republic of
Yugoslavia honors in good faith, the
obligations under the international
treaties to which is a party, and the
international treaties ratified and
published in keeping with the
Constitution and generally accepted rules
of the international law that are an
integral part of the national legal system
(Article 16); a constituent republic is
sovereign in those matters not
covered by the Constitution of FRY as
competences of the Federal Republic of
Yugoslavia and that a constituent
republic may independently regulate its
governance under its own Constitution
(Article 6, pars 2 and 3); that no
Yugoslav citizen may be deprived of its
citizenship, expelled from his
country, or extradited to another
state(Article 17, par 3); that everyone
is entitle to personal freedom and no one
may be apprehended except in the
cases processed under the federal law and
that illegal apprehension is
punishable (Article 23, pars 1,2, and 6);
that everyone is entitled to equal
protection of his/her rights in legally
determined procedure (Article 26,
par 1); that no one may be punished for
any offense before it had been
perpetrated, was not set out in the law
or regulation based on the law as a
punishable offence, nor may be sentenced
to the term which was not legally
stipulated for such an offense (Article
27, par 1); that no one may be
repeatedly sentenced or punished for an
offense in the case finally
suspended or the indictment finally
dismissed or if he/she finally
acquitted or sentenced (Article 28); that
a foreigner may be extradited to
another state only in the cases
stipulated in the international treaties
which are binding on the Federal Republic
of Yugoslavia, and that the right
to asylum is guaranteed to a foreign
national and a person without
citizenship persecuted due to democratic
views and on the grounds of his/her
participation in the movements for social
and national liberations, for
freedom and rights of a human being, or
for freedom of scientific or
artistic creative work (Article 66, pars
2 and 3); that only law may
stipulate the ways of realization of
individual freedoms and rights of man
and citizens when so stipulated under the
Constitution of FRY or necessary
for their realization and that freedoms
and rights recognized and guaranteed
by the Constitution of FRY enjoy judicial
protection (Article 67, pars. 2
and 4); as well as that the Federal
Government may enact the decrees,
decisions and other instruments for
implementation of the federal laws and
other regulations and general enactments
of the Federal Parliament (Article
99, par 1, item 4) .
The provisions of Chapters XXX and XXXI
of the Law on Criminal Proceedings
(Official Gazette of FRY Nos.4/77,
14/85,54/87,57/89,3/90 and Official
Gazette of FRY Nos. 27/92 and 24/94)
stipulated the procedure for
international legal assistance and
performance under the international
treaties in criminal matters as well as
the procedure for the extradition of
the accused and sentenced individuals.
Those provisions, inter alia,
stipulated territorial and actual
jurisdiction of national courts and other
state authorities in the procedure on the
request of the foreign authority
and even in case when the request
concerns criminal offence which under the
national regulations no extradition is
allows; that one of the conditions
for extradition of the accused or
sentenced individuals is that such an
individual is no Yugoslav citizen as well
as that the requested extradition
of any individual shall have been ruled
by the competent court.
3. The Federal Constitutional Court,
starting from the above stated
provisions of the Constitution of FRY and
the Law on Criminal Proceedings
finds that the contested Decree does not
comply with the Constitution and
the Law on Criminal Proceedings.
To begin with, the contested Decree is
not in compliance with the
Constitution of FRY because it regulated
the procedure (means) of
realization of individual freedoms and
rights of a man and citizen
determined under the Constitution of FRY
by the competent authority. Namely,
further to the provisions of Article 67,
par 2, of the Constitution of FRY
the manner (procedure) of implementation
of individual freedoms and human
and civil rights may be stipulated by the
law only, provided however, that
this possibility is anticipated in the
Constitution of FRY or when it is
necessary for their implementation. The
provisions of Article 26, par 1 of
the Constitution of FRY it was further
laid down that everyone is entitled
to equal protection of its rights in the
legally prescribed procedure. By
the contested Decree the Federal
Government as the executive authority,
having regulated the possibility and the
procedure for transfer of criminal
proceedings underway in the national
court to the International Criminal
Tribunal at its request, having regulated
the application of the provisions
of the Chapter XXXI of the Law on
Criminal Proceedings which covers also
apprehension of the individual requested
to be extradited to the
International Criminal Tribunal, having
regulated the power of the
International Criminal Tribunal to
undertake investigation activities
against the individuals in the territory
of FRY, actually regulated the
manner (procedure) of realization,
limitation and protection of individual
freedoms and human and civil by a by-law.
The law only, as was already
mentioned, may regulate such a procedure,
enacted by legislative power,
which was done in the matters of criminal
legal protection under the law on
Criminal Proceedings.
The contested Decree of the Federal
Government regulated apart from the
procedure also the jurisdiction and
composition of courts and jurisdiction
of governments in constituent republics
to decide on the requests of the
International Criminal Tribunal despite
the fact that further to Article 6
of the Constitution of FRY a constituent
republic may autonomously regulate
governance and competences of its own
authorities.
Having stipulated the application of the
Statute of the International
Criminal Tribunal and its Rules of
Procedure and Evidence by the Courts and
other authorities in FRY the Federal
Government overstepped its
constitutional powers of the executive
branch because confirmation of the
International legal acts and their
integration into the internal legal
system falls within the exclusive purview
of the Federal Parliament, under
Article 78 of the Constitution of FRY, as
legislative and representative
body of the citizens of Yugoslavia and
her constituent republics.
Apart from the stated non-constitutionality
the disputed Decree is further
in conflict with the Constitution of FRY
because it regulates the
possibility of extradition of the
Yugoslav citizens even outside the area
of territorial jurisdiction and Yugoslav
judicial and other state authorities
although the Constitution of FRY in its
Article 17, par.3 explicitly bans
such a possibility in the case of
Yugoslav citizens. A foreign citizen may
be extradited only in the cases and under
the procedure stipulated in the
Constitution of FRY, the Law on Criminal
Proceeding and international
treaties. The Federal Constitutional
Court finds that the Constitution of
FRY, namely the mentioned Article 17 par
3, no extradition of the Yugoslav
citizens outside the sovereign territory
of the Federal Republic of
Yugoslavia irrespective whether the
request for extradition was submitted by
the court established by one state or
several states under an international
treaty or under the instrument of an
international organization, because the
provisions of the Constitution of FRY as
the basic law in FR Yugoslavia in
the hierarchy of legal regulations are
the norms of the highest legal
priority and therefore any other general
norms, including published
international treaties must comply with
its provisions.
The legal instruments of the federal and
republic governments, federal and
republic laws containing legal solutions
in conflict with the constitutional
provisions cannot stand in harmony with
the Constitution of FRY. Neither the
federal laws confirming the International
treaties can be in compliance if
such treaties contain provisions contrary
to the Constitution of FRY. Only
an act of legal strength equal to
constitution may change the
constitutional
provisions, specifically those relating
to human and civil rights such as
the provision of Article 17, par 3
prohibiting deprivation of citizenship,
expulsion from the country or extradition
of a Yugoslav citizen to others.
Since this provision is located within
the basic provisions of the
Constitution of FRY, the Federal
Constitutional Court submits that it
acknowledges and guarantees human and
civil rights and freedoms and citizens
in FR of Yugoslavia in keeping with the
Universal declaration on human
rights. The same goes for the possibility
provided for by the Decree if the
permission for transit of the Yugoslav
nationals through the territory of
the Federal Republic of Yugoslavia at the
request of the International
Criminal Tribunal. The Federal
Constitutional Court is competent to rule
whether any of the general norms are in
compliance with the Constitution of
FRY or not, and its rulings are generally
binding and final, with the legal
consequences set out in the Constitution
of FRY and the Law on the Federal
Constitutional Court.
The Federal Constitutional Court,
starting from the nature of the legal
instrument, its substance and
promulgator, has not gone deeper into
structuring the final legal views on the
manner of the implementation of the
Decree, legal nature or the manner of
honoring the obligations created by
the establishment of the International
Criminal Tribunal under the Security
Council Resolution. Consequently, the
Federal Constitutional Court in this
Decision provided no complete replies to
the question: did the Security
Council, as one of the main bodies of the
United Nations, laid down in the
Charter, and primarily responsible for
maintenance of international peace
and security, and which in performing
that mandate must act in conformity
with the goals and principles of United
Nations (Article 24 of the Charter),
in establishing the International
Criminal Tribunal acted in keeping with
the United Nations Charter or overstepped
its powers, namely acted ultra
virus; whether the establishment of the
International Criminal Tribunal, as
an ad hoc measure which should though
criminal prosecution of the
individuals responsible for grave
violations of the international
humanitarian law, enable reestablishment
of peace in the territory of former
SFRY and its maintenance, in keeping with
the measures that the Security
Council may take as conducive to the
maintenance of the international peace
and security, in conformity with the
Charter and its own Rules of Procedure;
whether and in what way is FR of
Yugoslavia bound, as member of United
Nations, to cooperate with the
International Criminal Tribunal, which is not
a court authority envisaged by the United
Nations Charter, unlike the
International Court of Justice,
anticipated in Chapter XIV of the Charter,
but "a measure" of the Security Council;
whether the acts and measures of
the Security Council taken with reference
to the Charter of the United
Nations have the same force as the
Charter itself (whether they are its
integral part?); how to proceed under the
Statute and other by-laws of that
Tribunal, without harmonization of the
internal law with their substance;
whether the Statute and the Rules of the
Tribunal are based on generally
accepted principles and rules of
international law and particularly on the
rules on the function of the prosecutor
in the proceedings, ban of renewed
trial in the same case, detention,
duration of which is not limited, the so
called covert indictments, anonymous
witnesses, duration of the imprisonment
term, extradition of nationals etc.;
whether priority of legal instruments
exists in the hierarchy of international
law and whether the acts of the
United Nations bodies must be in
conformity with the Charter of the United
Nations, and which body and in which
procedure determines that concord; that
the members of the United Nations are
obliged to enforce the instruments of
UN only if they were adopted in
conformity with the Charter of the United
Nations, which member states accepted or
the obligation of the members
exists by the very act of acceptance of
the Charter, as a multinational
international treaty; whether some states
members of the United Nations,
which through their competent body,
adopted respective instruments on
cooperation with the International
Criminal Tribunal violated the Charter of
UN because they banned under these
instruments the extradition of their
nationals to that Court, because such
cooperation is prohibited by their
constitutions and why they had to adopt
such instruments if the Resolution
of the Security Council on the
establishment of the International Criminal
Tribunal 827 and the Statute of that
Court are integral parts of the
internal law of those states; why certain
member states of UN had to change
their constitutions which prohibited the
extradition of their nationals to
other states, to be able to pass the
instrument governing the cooperation
with the International Criminal Tribunal
which includes also the
extradition of their nationals to the
mentioned court, if the instruments of
the Security Council of the United
Nations, in the legal hierarchy have
priority over the constitutions of UN
member states, or have the same
strength, on the other hand; whether the
stated practice of these UN member
states clearly shows that the
constitution of UN member states are the
legal instruments with the highest legal
strength in every UN member state,
and that, consequently the instruments of
the competent state authorities
enabling the implementation of the
mentioned Resolution of the Security
Council and the Statute of the
International Criminal Tribunal, must be
approved in compliance with the
constitution of a member state, in formal
and material terms, and that the
instruments of the Security Council
therefore represent no legal merit for
direct implementation by the very
fact of their instruments, since every
UN member state has to make own
decision about their integration into the
legal system of every UN member
state, to determine, under its
constitution the competent authority and in
the prescribed manner; whether the act of
implementation/integration into
the national legal system passed by the
competent authority of UN member
state can set out the manner of
implementation of individual human rights
and freedom under the rules unpublished
and therefore inaccessible to a
citizen and man applicable to, despite
the fact that the constitution of
that state stipulated the publication of
all general norms as obligatory if
they constitute part of its legal order,
as is the case of the Constitution
of FR Yugoslavia; whether the
promulgation of an instrument for enforcement
of the mentioned Resolution and Statute
of the International Criminal
Tribunal would be in harmony with the
international treaties acceded to by
the UN member states and with the
generally accepted rule of international
law, and many other questions. This is
because the Federal Constitutional
Court submits that replies to all these
questions are irrelevant to the
Court ruling on constitutionality and
legality of the contested Decree.
Namely, the Federal Constitutional Court
in its proceedings determines, as a
preceding question, formal
constitutionality and legality of the contested
general legal instrument, e.g. whether it
was enacted by the competent
authority stipulated in the Constitution
of FRY, confirmed and published
international treaty and federal law.
(2/3 - continues)
Here is the second part of the text.
The first has been already distributed - see
http://groups.yahoo.com/group/crj-mailinglist/message/1554
The third - and last - follows in a subsequent posting.
===*===
After it was made on November 6, the Decision of the Federal
Constitutional Court on unconstitutionality of the the Federal
Government's Decree on cooperation with the so-called tribunal in the
Hague has finally been published. Here is an unofficial English
translation of it.
OFFICIAL GAZETTE OF FRY, No.70/01, December 28, 2001
(...) [for the first part see:
http://groups.yahoo.com/group/crj-mailinglist/message/1554%5d
III
1. The Federal Government regulated in
the contested Decree the procedure
for cooperation of the Federal Republic
of Yugoslavia with the International
Criminal Tribunal in criminal prosecution
of individuals responsible for
grave crimes against the international
humanitarian law perpetrated in the
territory of ex-Yugoslavia since
1991(hereinafter: the International
Criminal Tribunal) and performance of
obligations of FRY stemming from the
Security Council Resolution 827(1993) and
the Statute of the International
Criminal Tribunal.
The Decree covered, inter alia: transfer
of criminal proceedings held in the
national courts to the International
Criminal Tribunal if so requested;
proceedings and jurisdiction of courts
and other authorities for decision
making in such matters (Article 12 ad
13): the proceedings in national
courts after the transfer of the
proceedings to the International Criminal
Tribunal (Article 14): the possibility of
extradition of all the accused
(foreigners and Yugoslav citizens) to the
jurisdiction of the International
Criminal Tribunal and its investigation
bodies to undertake activities in
the Federal Republic of
Yugoslavia(Articles 9 and 10); legal
assistance to
the International Criminal Tribunal,
including granting of transit of the
Yugoslav citizens through the territory
if the Federal Republic of
Yugoslavia( Articles 18 and 19) and
others. The Decree contains references
to the application of the Statute of the
International Criminal Tribunal and
its Rules of Procedure and Evidence, to
be applied by judicial and other
authorities in the Federal Republic of
Yugoslavia (Articles l, 2, 6, 12 and 17).
2. The provisions of Constitution of FRY
provided for the following: power
in the Federal Republic of Yugoslavia is
organized along the principle of
division of legislative, executive and
judicial power (Article 12); the
executive and judicial power are bound by
the laws, which are in compliance
with the Constitution (Article 9, pars 2
and 3); the Federal Republic of
Yugoslavia honors in good faith, the
obligations under the international
treaties to which is a party, and the
international treaties ratified and
published in keeping with the
Constitution and generally accepted rules
of the international law that are an
integral part of the national legal system
(Article 16); a constituent republic is
sovereign in those matters not
covered by the Constitution of FRY as
competences of the Federal Republic of
Yugoslavia and that a constituent
republic may independently regulate its
governance under its own Constitution
(Article 6, pars 2 and 3); that no
Yugoslav citizen may be deprived of its
citizenship, expelled from his
country, or extradited to another
state(Article 17, par 3); that everyone
is entitle to personal freedom and no one
may be apprehended except in the
cases processed under the federal law and
that illegal apprehension is
punishable (Article 23, pars 1,2, and 6);
that everyone is entitled to equal
protection of his/her rights in legally
determined procedure (Article 26,
par 1); that no one may be punished for
any offense before it had been
perpetrated, was not set out in the law
or regulation based on the law as a
punishable offence, nor may be sentenced
to the term which was not legally
stipulated for such an offense (Article
27, par 1); that no one may be
repeatedly sentenced or punished for an
offense in the case finally
suspended or the indictment finally
dismissed or if he/she finally
acquitted or sentenced (Article 28); that
a foreigner may be extradited to
another state only in the cases
stipulated in the international treaties
which are binding on the Federal Republic
of Yugoslavia, and that the right
to asylum is guaranteed to a foreign
national and a person without
citizenship persecuted due to democratic
views and on the grounds of his/her
participation in the movements for social
and national liberations, for
freedom and rights of a human being, or
for freedom of scientific or
artistic creative work (Article 66, pars
2 and 3); that only law may
stipulate the ways of realization of
individual freedoms and rights of man
and citizens when so stipulated under the
Constitution of FRY or necessary
for their realization and that freedoms
and rights recognized and guaranteed
by the Constitution of FRY enjoy judicial
protection (Article 67, pars. 2
and 4); as well as that the Federal
Government may enact the decrees,
decisions and other instruments for
implementation of the federal laws and
other regulations and general enactments
of the Federal Parliament (Article
99, par 1, item 4) .
The provisions of Chapters XXX and XXXI
of the Law on Criminal Proceedings
(Official Gazette of FRY Nos.4/77,
14/85,54/87,57/89,3/90 and Official
Gazette of FRY Nos. 27/92 and 24/94)
stipulated the procedure for
international legal assistance and
performance under the international
treaties in criminal matters as well as
the procedure for the extradition of
the accused and sentenced individuals.
Those provisions, inter alia,
stipulated territorial and actual
jurisdiction of national courts and other
state authorities in the procedure on the
request of the foreign authority
and even in case when the request
concerns criminal offence which under the
national regulations no extradition is
allows; that one of the conditions
for extradition of the accused or
sentenced individuals is that such an
individual is no Yugoslav citizen as well
as that the requested extradition
of any individual shall have been ruled
by the competent court.
3. The Federal Constitutional Court,
starting from the above stated
provisions of the Constitution of FRY and
the Law on Criminal Proceedings
finds that the contested Decree does not
comply with the Constitution and
the Law on Criminal Proceedings.
To begin with, the contested Decree is
not in compliance with the
Constitution of FRY because it regulated
the procedure (means) of
realization of individual freedoms and
rights of a man and citizen
determined under the Constitution of FRY
by the competent authority. Namely,
further to the provisions of Article 67,
par 2, of the Constitution of FRY
the manner (procedure) of implementation
of individual freedoms and human
and civil rights may be stipulated by the
law only, provided however, that
this possibility is anticipated in the
Constitution of FRY or when it is
necessary for their implementation. The
provisions of Article 26, par 1 of
the Constitution of FRY it was further
laid down that everyone is entitled
to equal protection of its rights in the
legally prescribed procedure. By
the contested Decree the Federal
Government as the executive authority,
having regulated the possibility and the
procedure for transfer of criminal
proceedings underway in the national
court to the International Criminal
Tribunal at its request, having regulated
the application of the provisions
of the Chapter XXXI of the Law on
Criminal Proceedings which covers also
apprehension of the individual requested
to be extradited to the
International Criminal Tribunal, having
regulated the power of the
International Criminal Tribunal to
undertake investigation activities
against the individuals in the territory
of FRY, actually regulated the
manner (procedure) of realization,
limitation and protection of individual
freedoms and human and civil by a by-law.
The law only, as was already
mentioned, may regulate such a procedure,
enacted by legislative power,
which was done in the matters of criminal
legal protection under the law on
Criminal Proceedings.
The contested Decree of the Federal
Government regulated apart from the
procedure also the jurisdiction and
composition of courts and jurisdiction
of governments in constituent republics
to decide on the requests of the
International Criminal Tribunal despite
the fact that further to Article 6
of the Constitution of FRY a constituent
republic may autonomously regulate
governance and competences of its own
authorities.
Having stipulated the application of the
Statute of the International
Criminal Tribunal and its Rules of
Procedure and Evidence by the Courts and
other authorities in FRY the Federal
Government overstepped its
constitutional powers of the executive
branch because confirmation of the
International legal acts and their
integration into the internal legal
system falls within the exclusive purview
of the Federal Parliament, under
Article 78 of the Constitution of FRY, as
legislative and representative
body of the citizens of Yugoslavia and
her constituent republics.
Apart from the stated non-constitutionality
the disputed Decree is further
in conflict with the Constitution of FRY
because it regulates the
possibility of extradition of the
Yugoslav citizens even outside the area
of territorial jurisdiction and Yugoslav
judicial and other state authorities
although the Constitution of FRY in its
Article 17, par.3 explicitly bans
such a possibility in the case of
Yugoslav citizens. A foreign citizen may
be extradited only in the cases and under
the procedure stipulated in the
Constitution of FRY, the Law on Criminal
Proceeding and international
treaties. The Federal Constitutional
Court finds that the Constitution of
FRY, namely the mentioned Article 17 par
3, no extradition of the Yugoslav
citizens outside the sovereign territory
of the Federal Republic of
Yugoslavia irrespective whether the
request for extradition was submitted by
the court established by one state or
several states under an international
treaty or under the instrument of an
international organization, because the
provisions of the Constitution of FRY as
the basic law in FR Yugoslavia in
the hierarchy of legal regulations are
the norms of the highest legal
priority and therefore any other general
norms, including published
international treaties must comply with
its provisions.
The legal instruments of the federal and
republic governments, federal and
republic laws containing legal solutions
in conflict with the constitutional
provisions cannot stand in harmony with
the Constitution of FRY. Neither the
federal laws confirming the International
treaties can be in compliance if
such treaties contain provisions contrary
to the Constitution of FRY. Only
an act of legal strength equal to
constitution may change the
constitutional
provisions, specifically those relating
to human and civil rights such as
the provision of Article 17, par 3
prohibiting deprivation of citizenship,
expulsion from the country or extradition
of a Yugoslav citizen to others.
Since this provision is located within
the basic provisions of the
Constitution of FRY, the Federal
Constitutional Court submits that it
acknowledges and guarantees human and
civil rights and freedoms and citizens
in FR of Yugoslavia in keeping with the
Universal declaration on human
rights. The same goes for the possibility
provided for by the Decree if the
permission for transit of the Yugoslav
nationals through the territory of
the Federal Republic of Yugoslavia at the
request of the International
Criminal Tribunal. The Federal
Constitutional Court is competent to rule
whether any of the general norms are in
compliance with the Constitution of
FRY or not, and its rulings are generally
binding and final, with the legal
consequences set out in the Constitution
of FRY and the Law on the Federal
Constitutional Court.
The Federal Constitutional Court,
starting from the nature of the legal
instrument, its substance and
promulgator, has not gone deeper into
structuring the final legal views on the
manner of the implementation of the
Decree, legal nature or the manner of
honoring the obligations created by
the establishment of the International
Criminal Tribunal under the Security
Council Resolution. Consequently, the
Federal Constitutional Court in this
Decision provided no complete replies to
the question: did the Security
Council, as one of the main bodies of the
United Nations, laid down in the
Charter, and primarily responsible for
maintenance of international peace
and security, and which in performing
that mandate must act in conformity
with the goals and principles of United
Nations (Article 24 of the Charter),
in establishing the International
Criminal Tribunal acted in keeping with
the United Nations Charter or overstepped
its powers, namely acted ultra
virus; whether the establishment of the
International Criminal Tribunal, as
an ad hoc measure which should though
criminal prosecution of the
individuals responsible for grave
violations of the international
humanitarian law, enable reestablishment
of peace in the territory of former
SFRY and its maintenance, in keeping with
the measures that the Security
Council may take as conducive to the
maintenance of the international peace
and security, in conformity with the
Charter and its own Rules of Procedure;
whether and in what way is FR of
Yugoslavia bound, as member of United
Nations, to cooperate with the
International Criminal Tribunal, which is not
a court authority envisaged by the United
Nations Charter, unlike the
International Court of Justice,
anticipated in Chapter XIV of the Charter,
but "a measure" of the Security Council;
whether the acts and measures of
the Security Council taken with reference
to the Charter of the United
Nations have the same force as the
Charter itself (whether they are its
integral part?); how to proceed under the
Statute and other by-laws of that
Tribunal, without harmonization of the
internal law with their substance;
whether the Statute and the Rules of the
Tribunal are based on generally
accepted principles and rules of
international law and particularly on the
rules on the function of the prosecutor
in the proceedings, ban of renewed
trial in the same case, detention,
duration of which is not limited, the so
called covert indictments, anonymous
witnesses, duration of the imprisonment
term, extradition of nationals etc.;
whether priority of legal instruments
exists in the hierarchy of international
law and whether the acts of the
United Nations bodies must be in
conformity with the Charter of the United
Nations, and which body and in which
procedure determines that concord; that
the members of the United Nations are
obliged to enforce the instruments of
UN only if they were adopted in
conformity with the Charter of the United
Nations, which member states accepted or
the obligation of the members
exists by the very act of acceptance of
the Charter, as a multinational
international treaty; whether some states
members of the United Nations,
which through their competent body,
adopted respective instruments on
cooperation with the International
Criminal Tribunal violated the Charter of
UN because they banned under these
instruments the extradition of their
nationals to that Court, because such
cooperation is prohibited by their
constitutions and why they had to adopt
such instruments if the Resolution
of the Security Council on the
establishment of the International Criminal
Tribunal 827 and the Statute of that
Court are integral parts of the
internal law of those states; why certain
member states of UN had to change
their constitutions which prohibited the
extradition of their nationals to
other states, to be able to pass the
instrument governing the cooperation
with the International Criminal Tribunal
which includes also the
extradition of their nationals to the
mentioned court, if the instruments of
the Security Council of the United
Nations, in the legal hierarchy have
priority over the constitutions of UN
member states, or have the same
strength, on the other hand; whether the
stated practice of these UN member
states clearly shows that the
constitution of UN member states are the
legal instruments with the highest legal
strength in every UN member state,
and that, consequently the instruments of
the competent state authorities
enabling the implementation of the
mentioned Resolution of the Security
Council and the Statute of the
International Criminal Tribunal, must be
approved in compliance with the
constitution of a member state, in formal
and material terms, and that the
instruments of the Security Council
therefore represent no legal merit for
direct implementation by the very
fact of their instruments, since every
UN member state has to make own
decision about their integration into the
legal system of every UN member
state, to determine, under its
constitution the competent authority and in
the prescribed manner; whether the act of
implementation/integration into
the national legal system passed by the
competent authority of UN member
state can set out the manner of
implementation of individual human rights
and freedom under the rules unpublished
and therefore inaccessible to a
citizen and man applicable to, despite
the fact that the constitution of
that state stipulated the publication of
all general norms as obligatory if
they constitute part of its legal order,
as is the case of the Constitution
of FR Yugoslavia; whether the
promulgation of an instrument for enforcement
of the mentioned Resolution and Statute
of the International Criminal
Tribunal would be in harmony with the
international treaties acceded to by
the UN member states and with the
generally accepted rule of international
law, and many other questions. This is
because the Federal Constitutional
Court submits that replies to all these
questions are irrelevant to the
Court ruling on constitutionality and
legality of the contested Decree.
Namely, the Federal Constitutional Court
in its proceedings determines, as a
preceding question, formal
constitutionality and legality of the contested
general legal instrument, e.g. whether it
was enacted by the competent
authority stipulated in the Constitution
of FRY, confirmed and published
international treaty and federal law.
(2/3 - continues)
