From: ICDSM Italia
Date: Tue, 22 Jun 2004 11:11:49 +0200
To: icdsm- This email address is being protected from spambots. You need JavaScript enabled to view it.
Subject: [icdsm-italia] Dr A. Mezyaev (Russia) on the "Milosevic trial"
[ Il giurista russo A. Mezyaev, esperto di diritto internazionale,
analizza l'andamento del "processo" a Milosevic, elencando numerose
incongruenze e stranezze... ]
Da: "Vladimir Krsljanin"
Data: Mar 22 Giu 2004 01:47:54 Europe/Rome
Oggetto: Dr A. Mezyaev (Russia) on the "Milosevic trial"
*************************************************
Defence Case in the so-called "Milosevic trial" will start on July, 5
*************************************************
Alexander Mezyaev,
Doctor of International Law,
Deputy Head of the Department of
Constitutional and International Law,
Academy of Business, Kazan, Russia.
The so-called "Milosevic trial" in the Hague Tribunal is continuing
already more than two years, but still passed its only first phase.
In the end of February the prosecution have closed its case -
Prosecution case. Now is a time for Defence case. During this phase
of the trial Slobodan Milosevic will present his witnesses.
Officially the first day of the Defence case scheduled for July,5. But
it is important to note that last Thursday, June, 17 was held the
Pre-Defence conference. On this conference the trial chamber
considered the state of preparation of the case.
S. Milosevic have presented to the court a list of witnesses which
contains more than 1630 names. Amongst them are the names
of Bill Clinton, Tony Blaire, Gerhard Schroeder, Hans-Dietrich
Genscher and many others. S. Milosevic also demanded that
the court issues an obligatory order to some western governments
to present some relevant intelligence documents. The court asked
Mr. Milosevic to consider how to reduce the list, but he answered
that there are dozen of thousands people who want to testify
for his defence and it will be very difficult to make the list shorter.
Formally court did not asked to reduce the length of the list, but
have imposed several unfair restrictions, which will lead to this
result. For example, the trial chamber restricted defence case only
to 150 days. This is exactly two times less than the prosecution had.
This obviously unjust decision was explained by an argument that
the most of the time was given to Mr. Milosevic for his cross-
examination. The only thing that the judges have forgotten, is that
Mr. Milosevic had to cross-examine prosecution witnesses!
They were witnesses who testified against him! So, the Hague
tribunal once again demonstrated that it is not in a position to
ensure the elementary norms of fair trial, first and foremost - the
equality of parties.
Slobodan Milosevic protested against this decision. He said:
"I am here to defend the truth". And of course it is impossible to
impose time limits (more over unjust time limits!) for the
determination of truth. In the same time it is quite logical why the
court, nevertheless have imposed this time limits. The full truth, if
determined, will be a great damage for this tribunal.
It is interesting to note that during the Pre-defence conference the
prosecution demanded that S. Milosevic should present in advance a
detailed summary of the future testimony of defence witnesses.
This demand was shocking even for amicus curiae, when Mr. Kay
said that such a demand means the disclosure of the whole Defence
case. Nevertheless, trial chamber ruled, though with some
reservations, in favour of the prosecution.
Mr. Milosevic still don't include his name in the list of witnesses.
Probably he will do it at a later stage in order to appear before the
court as a witness. The rules of procedure prescribe that in fact
the evidence is only the witness testimony. All other statements
by the accused may be considered by trial chamber, but in any
way they are not an evidence. That means that all statements
made by Mr. Milosevic during the Prosecution case, including
his famous Opening Statements in February and September,
2002 are only the matter for the trial chamber what probative
value "if any" it will have. This also means that all that was said
by Mr. Milosevic in order to disprove some statements of
witnesses, also do not consider as evidence.
Contrary, all statements of witnesses are considered as evidence.
In this respect it is very important to mention the long time awaited
decision of the trial chamber on the acquittal, delivered on June, 16 -
one day before the Pre-defence conference. Tribunal's rules
prescribed that after the termination of the Prosecution case the
accused may ask the for the judgment of acquittal, if prosecution
have not presented or have presented insufficient evidence to
sustain a conviction on one ore more charges. In the "Milosevic
case", it was more than obvious that the prosecution did not
present sufficient evidence in greatest number of charges. In
respect of several charges, prosecution did not present
evidence at all. First of all it concerns the charges in genocide
and some charges related to Kosovo indictment. Even the "friends
of court" - amicus curiae - asked the court to acquit Mr. Milosevic at
least on these absolutely not proven charges!
Everybody who follows the trial proceedings and who is familiar with the
work of the Hague tribunal may guess the general mean of the decision
of the court in advance. However, even those were surprised! Judges
ruled that the prosecution presented sufficient evidence to all 66 (!)
charges, including genocide or (!!!) complicity in genocide. The real
mean of such a decision may be understood only if you are familiar
with the details of the Prosecution case. In fact, the prosecution not
only presented insufficient evidence, but have not presented a case
at all. Even some western lawyers recognised that such a case
could never be accepted in any national court in Europe. And it is
too polite definition. During the prosecution case Mr. Milosevic
presented enough evidence that the prosecution used false
witnesses and even fabricated evidence! If one calls things by their
proper names, such a trial would not only fail in any European court,
but would be a reason to put on trial the members of the prosecution!
If after such kind of a trial the judges ruled that the prosecution have
presented sufficient evidence to all counts and accused could not be
acquitted in relation to any of the charges, it may mean only one thing.
It means that the decision of the court is already adopted and it has
nothing to do with any evidence, which will be or will not be presented.
Nevertheless, Slobodan Milosevic is not defeated. Officially, "his"
case is called Prosecutor against Milosevic, but even during the
Prosecution case it became in fact Milosevic against the Tribunal.
I am sure that the defence case will be even more successful and the
lie will be definitely defeated.
It is important to say some words about new judge of the trial chamber.
As it is well known, just after the termination of the Prosecution case
the presiding judge Richard May have resigned. On Thursday, June
17, the international public was able to see the new judge lord
Bonomy. He is 58 years old, worked as a solicitor, prosecutor and
during last 7 years - as a judge of the Supreme Court of Scotland.
To understand the real place and role of new judge Bonomy as well
as of judge Robinson, as a new presiding judge of the trial chamber,
it is important to understand the real reasons of the resignation of
judge May.
No doubts, Richard May made a great damage to the image of the
tribunal. One of the main purposes of the Hague tribunal is to make
a nice impression on the international public. Yes, to proclaim as
guilty only one side of a civil war. Yes, to punish only Serbs. Yes, no
doubts, to punish Mr. Milosevic. These are the aims of the tribunal
too. But! All this should be done in a "nice" way. Make a nice
impression. Formal attributes of fair trial should be shown. Not to be
implemented, but shown only! Once again returning in my reflections
about that strange resignation of judge May, once again I make a
conclusion that the bad health was not a real reason for
it. R. May was just not ready to implement the task that was put to
him. He became a problem. Of course, it does not mean that he is
stupid. Not at all. But there was a great difference between the
confronted personalities. In the battle Milosevic - May, the last one
was defeated. And it could not be otherwise. Any judge of the
tribunal would be defeated. And it does not matter would it be a
judge of the Hague tribunal or of any other tribunal.
The difference between personalities is too great. Judge May was a
simple judge in criminal cases, who has an experience just with
simple criminals. He was not ready, not intellectually nor
psychologically, to handle the high level of battle presented by
S. Milosevic! But May was not personally guilty for his defeat.
Probably it is more correct to say that it was a "guilt" of the former
president of the tribunal, French Claude Jorda.
According to the law he was entitled to appoint judges to the trial and
in doing this he followed the classical rule: "no risk". Understanding
his responsibility for the main trial of the tribunal he had appointed
a Briton R. May. Obviously not Jorda, nor May, nor anybody else
realised how big problems they will meet. They believed that S.
Milosevic will be defeated before the trial, that he will be broken.
That counts did not and will not be realised. But it is important to
stress again the psychological unprepairness of judge May to be
a presiding judge in the "Milosevic trial".
May was nervous. He simply demonstrated unacceptable behaviour.
If one day I'll believe in a bad health as a reason for his
resignation, it
may be illness of his nerves only. By his behaviour, R. May discredited
the whole tribunal. I mean of course, not the tribunal itself, but its
policy to abuse justice in a nice way. Very polite. I had a chance to
attend different trials by different judges of the Hague tribunal. None
of
them were so unprofessional as R. May. It does not mean, of course,
that all these judges do not execute all orders they get. But they do
it not in
a so abusive manner as judge May did. To make a conclusion, I am sure
that R. May was just taken away from the scene exactly because he was
not enough professional.
Probably it was even quite unfair when during the special
meeting in honour of May everybody was talking about his
professionalism!
May was pushed to resign because he openly demonstrated his attitudes,
openly worked for prosecution.
The Hague tribunal understands that the judgment and punishment of
Mr. Milosevic will not be recognised by the international community if
it
will be a result of this kind of trial. Therefore, May just had to be
resigned. It does not mean that the judgment and sentence will be
different. Judge May simply became a danger to the image of the trial.
Not to the fairness of the trial - but to its international image.
In fact, not lord Bonomy, but Patrick Robinson have replaced R. May as
presiding judge. As for the new judge Bonomy, he is just a judge of
criminal cases, and in that sense he is not better than May. Having
experience in trying simple criminals does not mean that one is ready
to try a former head of state, a recognised leader of a nation.
Moreover to try a person like Slobodan Milosevic who is much more
bright than all the Hague judges taken together. The intellectual level
and personalities just can't be compared. That was the problem of
R. May. There is no indication that new judge Bonomy will be able
to resolve this problem.
Therefore, the resignation of judge May will not change the things at
all. The last decision of the "new" trial chamber is a great proof of
that.
* * * * *
In addition to the "Milosevic trial" it is very important to follow the
other trials of the Tribunal. It is not overestimation to say that in
other trials the preparation of justification of the future judgment in
"Milosevic case" is going on.
Thus, for example several weeks ago the Appeals Chamber delivered its
judgment in Krstic case. The Chamber ruled that there was genocide in
Srebrenica in July, 1995. It means that this became a historical and
judicial fact! Taking into account that Srebrenica is one of the counts
in the indictment against S. Milosevic and the fact that the prosecution
failed to present any sufficient proofs of this count, the real meaning
of
this Appeals Chamber ruling becomes clear. Now it is not necessary to
prove that Milosevic committed genocide, simply a link should be
established between him and others, for example with Krstic or his
superiors. Moreover, the trial chamber should follow the decision of
the highest (Appeals) chamber.
It is not so simple of course, but this is the general scheme.
A little bit earlier, the same Appeals Chamber delivered its judgment is
Brdjanin case. In its decision, the Appeals Chamber reversed the
previous decision of the trial chamber concerning the acquittal of the
accused on the count of genocide. The court ruled that the special
intent is not required in the circumstances of the case. But all lawyers
in the world know that this is an obligatory requirement. The court
reached its findings using again not only defective theory of so-called
joint criminal enterprise (which exists only in ICTY and was produced
specially to simplify proving the guilt), but also the "developed" kind
of this theory - "the third level of joint criminal enterprise". The
defectiveness of that theory is recognised not only by the majority of
world lawyers but even by some judges of the Hague tribunal! The
last decision of the trial chamber in "Milosevic case" must be
considered
in the light of this decision. Two old judges of the chamber were
divided
in relation to the question whether S. Milosevic was a member of joint
criminal enterprise, and only the vote of new judge Bonomy decided
the matter in favour of the prosecution.
It is quite obvious that the Appeals Chamber delivered its decision in
the "Brdjanin case" in order to save the main charge in the "Milosevic
case". One should also point out the long time awaited trial of the
former president of the Assembly of Republika Sprska and member
of Bosnia and Herzegovina presidency Momcilo Krajisnik. Using the
secret witnesses became so usual thing in the Hague tribunal that it
can't surprise anybody.
But the secret trial as a whole is something new even for this tribunal.
Practically around 30 per cent of hearings up to now were held in the
so-called closed sessions. It means that public can get no information
on the proceedings. Moreover, the hearings are being postponed all
the time without any explanation.
Similar strange things happened in the Babic case. As it is well known,
in December 2003, the former president of Republika Srpska Krajina
Milan Babic had signed a special agreement with the prosecution.
According to this agreement Babic accepted his guilt on one count
and took an obligation to testify against all the people the prosecution
would find necessary. Such a "cooperation" with the prosecution
usually leads to a short sentence. (Like in Erdemovic case, where
the accused who killed more than 100 people was sentenced to 5
years of imprisonment). M. Babic (as well as Erdemovic)
already testified against S. Milosevic. It is worth to remember: the
prosecution gave up from 14 other witnesses in exchange for the
prolongation of Babic's testimony! By the way, during that testimony
S. Milosevic showed that the evidence was false and fabricated.
Some days ago the pronunciation of sentencing judgment for Milan Babic
was announced. But suddenly, without any explanation it was postponed.
There was also a status conference in the Seselj case on June 14.
Already more than one year passed, since Mr. Seselj is in ICTY
detention, but his case still is not prepared for a trial. The
prosecution
is in a real trouble. The trial has not yet started but Seselj already
won one point. The trial chamber excludes from the indictment
against Seselj the accusations concerning events in Vojvodina.
The tribunal has the jurisdiction only for the crimes which were
committed during the armed conflict. It is a well-known fact that
there was no armed conflict in Vojvodina. It is interesting to note
that the prosecution expreses its will to appeal this decision of
the trial chamber!
In the same time the registry of the tribunal prolonged the prohibition
for Mr. Seselj of any communication with the outside world except with
the defence counsel, whom Mr. Seselj doesn't have - he defends
himself in person; and with the inner family (monitored by prison
officers). In fact, this is a complete isolation. This decision was
adopted
last December and is routinely being prolonged all these months. The
main reason for this isolation were the parliamentary and presidential
elections. Last December, in the parliamentary elections, the party of
Seselj won the majority of votes. In the first round of the presidential
elections on June 13, the candidate of Seselj's party Tomislav
Nikolic won again - he got the majority of votes. The second round of
elections is scheduled for June 27. So, the registrar of the tribunal
again prolonged the regime of isolation for Mr. Seselj.
It is interesting to note how the "free" West and the Hague
tribunal are afraid of Seselj and his influence on the population of
Serbia. The future the "Seselj trial" may become for the Hague tribunal
not the smaller problem than the "Milosevic trial". Last autumn I had
a chance to attend a status-conference of Mr. Seselj in the tribunal.
Mr. Seselj looked very fatigue and obviously had some health
problems. But on the question of a judge does he have some health
problems he answered: "Yes, I do. I have a mental suffering looking
at you. Your robes remind me Roman Catholic inquisition." Even if Mr.
Seselj really has health problems, he is ready for the battle in the
court. Whether the court itself is ready for this?
* * * * *
July 5 will be the first day of the Defence case of Slobodan Milosevic.
Let us wish all the best to this outstanding Man, to this recognised
leader of the Serbian people and of all other freedom-loving peoples.
From the ancient and the modern history we know very well that the
Serbian people never gave up! We believe in you, Comrade
President!
*******************************************************************
*******************************************************************
FIGHT BACK NATO AND ITS CRIMES AGAINST PEACE, YUGOSLAVIA
AND THE SERBIAN PEOPLE!
"President of Serbia and Montenegro" Svetozar Marovic will attend the
NATO summit in Istambul, which will take place exactly on Vidovdan!
Vidovdan is now at the same time a day of greatest glory and a day of
biggest shame of the Serbian people.
On this Vidovdan, the glory will prevail!
NATO and its lackeys will gather in Istambul, but the Serbian people
will gather in Belgrade.
Criminals and their servants will face many thousands angry protesters
in Istambul. In Belgrade many thousands will salute the courageous
struggle of Slobodan Milosevic against the NATO inquisitors and
demand his release and restoration of freedom in Serbia. In The
Hague the freedom-loving people of Serbian Diaspora and Europe
will protest NATO trying its victims under UN auspices.
JOIN THE VIDOVDAN PROTESTS:
26 June The Hague
27 June Istambul
28 June Belgrade
****************************************************************
******************************************************************
TRUTH
OR SLAVERY, HUMILIATION AND DESTRUCTION OF SERBIAN NATION
http://www.icdsm.org/battle.htm
THE DECISIVE BATTLE FOR TRUTH NEEDS YOUR HELP NOW!
******************************************************************
SLOBODA urgently needs your donation.
Please find the detailed instructions at:
http://www.sloboda.org.yu/pomoc.htm
To join or help this struggle, visit:
http://www.sloboda.org.yu/ (Sloboda/Freedom association)
http://www.icdsm.org/ (the international committee to defend Slobodan
Milosevic)
http://www.free-slobo.de/ (German section of ICDSM)
http://www.icdsm-us.org/ (US section of ICDSM)
http://www.icdsmireland.org/ (ICDSM Ireland)
http://www.wpc-in.org/ (world peace council)
http://www.geocities.com/b_antinato/ (Balkan antiNATO center)
==========================
ICDSM - Sezione Italiana
c/o GAMADI, Via L. Da Vinci 27
00043 Ciampino (Roma)
tel/fax +39-06-4828957
email: icdsm-italia @ libero.it
Conto Corrente Postale numero 86557006
intestato ad Adolfo Amoroso, ROMA
causale: DIFESA MILOSEVIC
sito internet:
http://www.pasti.org/linkmilo.htm
--
Date: Tue, 22 Jun 2004 11:11:49 +0200
To: icdsm- This email address is being protected from spambots. You need JavaScript enabled to view it.
Subject: [icdsm-italia] Dr A. Mezyaev (Russia) on the "Milosevic trial"
[ Il giurista russo A. Mezyaev, esperto di diritto internazionale,
analizza l'andamento del "processo" a Milosevic, elencando numerose
incongruenze e stranezze... ]
Da: "Vladimir Krsljanin"
Data: Mar 22 Giu 2004 01:47:54 Europe/Rome
Oggetto: Dr A. Mezyaev (Russia) on the "Milosevic trial"
*************************************************
Defence Case in the so-called "Milosevic trial" will start on July, 5
*************************************************
Alexander Mezyaev,
Doctor of International Law,
Deputy Head of the Department of
Constitutional and International Law,
Academy of Business, Kazan, Russia.
The so-called "Milosevic trial" in the Hague Tribunal is continuing
already more than two years, but still passed its only first phase.
In the end of February the prosecution have closed its case -
Prosecution case. Now is a time for Defence case. During this phase
of the trial Slobodan Milosevic will present his witnesses.
Officially the first day of the Defence case scheduled for July,5. But
it is important to note that last Thursday, June, 17 was held the
Pre-Defence conference. On this conference the trial chamber
considered the state of preparation of the case.
S. Milosevic have presented to the court a list of witnesses which
contains more than 1630 names. Amongst them are the names
of Bill Clinton, Tony Blaire, Gerhard Schroeder, Hans-Dietrich
Genscher and many others. S. Milosevic also demanded that
the court issues an obligatory order to some western governments
to present some relevant intelligence documents. The court asked
Mr. Milosevic to consider how to reduce the list, but he answered
that there are dozen of thousands people who want to testify
for his defence and it will be very difficult to make the list shorter.
Formally court did not asked to reduce the length of the list, but
have imposed several unfair restrictions, which will lead to this
result. For example, the trial chamber restricted defence case only
to 150 days. This is exactly two times less than the prosecution had.
This obviously unjust decision was explained by an argument that
the most of the time was given to Mr. Milosevic for his cross-
examination. The only thing that the judges have forgotten, is that
Mr. Milosevic had to cross-examine prosecution witnesses!
They were witnesses who testified against him! So, the Hague
tribunal once again demonstrated that it is not in a position to
ensure the elementary norms of fair trial, first and foremost - the
equality of parties.
Slobodan Milosevic protested against this decision. He said:
"I am here to defend the truth". And of course it is impossible to
impose time limits (more over unjust time limits!) for the
determination of truth. In the same time it is quite logical why the
court, nevertheless have imposed this time limits. The full truth, if
determined, will be a great damage for this tribunal.
It is interesting to note that during the Pre-defence conference the
prosecution demanded that S. Milosevic should present in advance a
detailed summary of the future testimony of defence witnesses.
This demand was shocking even for amicus curiae, when Mr. Kay
said that such a demand means the disclosure of the whole Defence
case. Nevertheless, trial chamber ruled, though with some
reservations, in favour of the prosecution.
Mr. Milosevic still don't include his name in the list of witnesses.
Probably he will do it at a later stage in order to appear before the
court as a witness. The rules of procedure prescribe that in fact
the evidence is only the witness testimony. All other statements
by the accused may be considered by trial chamber, but in any
way they are not an evidence. That means that all statements
made by Mr. Milosevic during the Prosecution case, including
his famous Opening Statements in February and September,
2002 are only the matter for the trial chamber what probative
value "if any" it will have. This also means that all that was said
by Mr. Milosevic in order to disprove some statements of
witnesses, also do not consider as evidence.
Contrary, all statements of witnesses are considered as evidence.
In this respect it is very important to mention the long time awaited
decision of the trial chamber on the acquittal, delivered on June, 16 -
one day before the Pre-defence conference. Tribunal's rules
prescribed that after the termination of the Prosecution case the
accused may ask the for the judgment of acquittal, if prosecution
have not presented or have presented insufficient evidence to
sustain a conviction on one ore more charges. In the "Milosevic
case", it was more than obvious that the prosecution did not
present sufficient evidence in greatest number of charges. In
respect of several charges, prosecution did not present
evidence at all. First of all it concerns the charges in genocide
and some charges related to Kosovo indictment. Even the "friends
of court" - amicus curiae - asked the court to acquit Mr. Milosevic at
least on these absolutely not proven charges!
Everybody who follows the trial proceedings and who is familiar with the
work of the Hague tribunal may guess the general mean of the decision
of the court in advance. However, even those were surprised! Judges
ruled that the prosecution presented sufficient evidence to all 66 (!)
charges, including genocide or (!!!) complicity in genocide. The real
mean of such a decision may be understood only if you are familiar
with the details of the Prosecution case. In fact, the prosecution not
only presented insufficient evidence, but have not presented a case
at all. Even some western lawyers recognised that such a case
could never be accepted in any national court in Europe. And it is
too polite definition. During the prosecution case Mr. Milosevic
presented enough evidence that the prosecution used false
witnesses and even fabricated evidence! If one calls things by their
proper names, such a trial would not only fail in any European court,
but would be a reason to put on trial the members of the prosecution!
If after such kind of a trial the judges ruled that the prosecution have
presented sufficient evidence to all counts and accused could not be
acquitted in relation to any of the charges, it may mean only one thing.
It means that the decision of the court is already adopted and it has
nothing to do with any evidence, which will be or will not be presented.
Nevertheless, Slobodan Milosevic is not defeated. Officially, "his"
case is called Prosecutor against Milosevic, but even during the
Prosecution case it became in fact Milosevic against the Tribunal.
I am sure that the defence case will be even more successful and the
lie will be definitely defeated.
It is important to say some words about new judge of the trial chamber.
As it is well known, just after the termination of the Prosecution case
the presiding judge Richard May have resigned. On Thursday, June
17, the international public was able to see the new judge lord
Bonomy. He is 58 years old, worked as a solicitor, prosecutor and
during last 7 years - as a judge of the Supreme Court of Scotland.
To understand the real place and role of new judge Bonomy as well
as of judge Robinson, as a new presiding judge of the trial chamber,
it is important to understand the real reasons of the resignation of
judge May.
No doubts, Richard May made a great damage to the image of the
tribunal. One of the main purposes of the Hague tribunal is to make
a nice impression on the international public. Yes, to proclaim as
guilty only one side of a civil war. Yes, to punish only Serbs. Yes, no
doubts, to punish Mr. Milosevic. These are the aims of the tribunal
too. But! All this should be done in a "nice" way. Make a nice
impression. Formal attributes of fair trial should be shown. Not to be
implemented, but shown only! Once again returning in my reflections
about that strange resignation of judge May, once again I make a
conclusion that the bad health was not a real reason for
it. R. May was just not ready to implement the task that was put to
him. He became a problem. Of course, it does not mean that he is
stupid. Not at all. But there was a great difference between the
confronted personalities. In the battle Milosevic - May, the last one
was defeated. And it could not be otherwise. Any judge of the
tribunal would be defeated. And it does not matter would it be a
judge of the Hague tribunal or of any other tribunal.
The difference between personalities is too great. Judge May was a
simple judge in criminal cases, who has an experience just with
simple criminals. He was not ready, not intellectually nor
psychologically, to handle the high level of battle presented by
S. Milosevic! But May was not personally guilty for his defeat.
Probably it is more correct to say that it was a "guilt" of the former
president of the tribunal, French Claude Jorda.
According to the law he was entitled to appoint judges to the trial and
in doing this he followed the classical rule: "no risk". Understanding
his responsibility for the main trial of the tribunal he had appointed
a Briton R. May. Obviously not Jorda, nor May, nor anybody else
realised how big problems they will meet. They believed that S.
Milosevic will be defeated before the trial, that he will be broken.
That counts did not and will not be realised. But it is important to
stress again the psychological unprepairness of judge May to be
a presiding judge in the "Milosevic trial".
May was nervous. He simply demonstrated unacceptable behaviour.
If one day I'll believe in a bad health as a reason for his
resignation, it
may be illness of his nerves only. By his behaviour, R. May discredited
the whole tribunal. I mean of course, not the tribunal itself, but its
policy to abuse justice in a nice way. Very polite. I had a chance to
attend different trials by different judges of the Hague tribunal. None
of
them were so unprofessional as R. May. It does not mean, of course,
that all these judges do not execute all orders they get. But they do
it not in
a so abusive manner as judge May did. To make a conclusion, I am sure
that R. May was just taken away from the scene exactly because he was
not enough professional.
Probably it was even quite unfair when during the special
meeting in honour of May everybody was talking about his
professionalism!
May was pushed to resign because he openly demonstrated his attitudes,
openly worked for prosecution.
The Hague tribunal understands that the judgment and punishment of
Mr. Milosevic will not be recognised by the international community if
it
will be a result of this kind of trial. Therefore, May just had to be
resigned. It does not mean that the judgment and sentence will be
different. Judge May simply became a danger to the image of the trial.
Not to the fairness of the trial - but to its international image.
In fact, not lord Bonomy, but Patrick Robinson have replaced R. May as
presiding judge. As for the new judge Bonomy, he is just a judge of
criminal cases, and in that sense he is not better than May. Having
experience in trying simple criminals does not mean that one is ready
to try a former head of state, a recognised leader of a nation.
Moreover to try a person like Slobodan Milosevic who is much more
bright than all the Hague judges taken together. The intellectual level
and personalities just can't be compared. That was the problem of
R. May. There is no indication that new judge Bonomy will be able
to resolve this problem.
Therefore, the resignation of judge May will not change the things at
all. The last decision of the "new" trial chamber is a great proof of
that.
* * * * *
In addition to the "Milosevic trial" it is very important to follow the
other trials of the Tribunal. It is not overestimation to say that in
other trials the preparation of justification of the future judgment in
"Milosevic case" is going on.
Thus, for example several weeks ago the Appeals Chamber delivered its
judgment in Krstic case. The Chamber ruled that there was genocide in
Srebrenica in July, 1995. It means that this became a historical and
judicial fact! Taking into account that Srebrenica is one of the counts
in the indictment against S. Milosevic and the fact that the prosecution
failed to present any sufficient proofs of this count, the real meaning
of
this Appeals Chamber ruling becomes clear. Now it is not necessary to
prove that Milosevic committed genocide, simply a link should be
established between him and others, for example with Krstic or his
superiors. Moreover, the trial chamber should follow the decision of
the highest (Appeals) chamber.
It is not so simple of course, but this is the general scheme.
A little bit earlier, the same Appeals Chamber delivered its judgment is
Brdjanin case. In its decision, the Appeals Chamber reversed the
previous decision of the trial chamber concerning the acquittal of the
accused on the count of genocide. The court ruled that the special
intent is not required in the circumstances of the case. But all lawyers
in the world know that this is an obligatory requirement. The court
reached its findings using again not only defective theory of so-called
joint criminal enterprise (which exists only in ICTY and was produced
specially to simplify proving the guilt), but also the "developed" kind
of this theory - "the third level of joint criminal enterprise". The
defectiveness of that theory is recognised not only by the majority of
world lawyers but even by some judges of the Hague tribunal! The
last decision of the trial chamber in "Milosevic case" must be
considered
in the light of this decision. Two old judges of the chamber were
divided
in relation to the question whether S. Milosevic was a member of joint
criminal enterprise, and only the vote of new judge Bonomy decided
the matter in favour of the prosecution.
It is quite obvious that the Appeals Chamber delivered its decision in
the "Brdjanin case" in order to save the main charge in the "Milosevic
case". One should also point out the long time awaited trial of the
former president of the Assembly of Republika Sprska and member
of Bosnia and Herzegovina presidency Momcilo Krajisnik. Using the
secret witnesses became so usual thing in the Hague tribunal that it
can't surprise anybody.
But the secret trial as a whole is something new even for this tribunal.
Practically around 30 per cent of hearings up to now were held in the
so-called closed sessions. It means that public can get no information
on the proceedings. Moreover, the hearings are being postponed all
the time without any explanation.
Similar strange things happened in the Babic case. As it is well known,
in December 2003, the former president of Republika Srpska Krajina
Milan Babic had signed a special agreement with the prosecution.
According to this agreement Babic accepted his guilt on one count
and took an obligation to testify against all the people the prosecution
would find necessary. Such a "cooperation" with the prosecution
usually leads to a short sentence. (Like in Erdemovic case, where
the accused who killed more than 100 people was sentenced to 5
years of imprisonment). M. Babic (as well as Erdemovic)
already testified against S. Milosevic. It is worth to remember: the
prosecution gave up from 14 other witnesses in exchange for the
prolongation of Babic's testimony! By the way, during that testimony
S. Milosevic showed that the evidence was false and fabricated.
Some days ago the pronunciation of sentencing judgment for Milan Babic
was announced. But suddenly, without any explanation it was postponed.
There was also a status conference in the Seselj case on June 14.
Already more than one year passed, since Mr. Seselj is in ICTY
detention, but his case still is not prepared for a trial. The
prosecution
is in a real trouble. The trial has not yet started but Seselj already
won one point. The trial chamber excludes from the indictment
against Seselj the accusations concerning events in Vojvodina.
The tribunal has the jurisdiction only for the crimes which were
committed during the armed conflict. It is a well-known fact that
there was no armed conflict in Vojvodina. It is interesting to note
that the prosecution expreses its will to appeal this decision of
the trial chamber!
In the same time the registry of the tribunal prolonged the prohibition
for Mr. Seselj of any communication with the outside world except with
the defence counsel, whom Mr. Seselj doesn't have - he defends
himself in person; and with the inner family (monitored by prison
officers). In fact, this is a complete isolation. This decision was
adopted
last December and is routinely being prolonged all these months. The
main reason for this isolation were the parliamentary and presidential
elections. Last December, in the parliamentary elections, the party of
Seselj won the majority of votes. In the first round of the presidential
elections on June 13, the candidate of Seselj's party Tomislav
Nikolic won again - he got the majority of votes. The second round of
elections is scheduled for June 27. So, the registrar of the tribunal
again prolonged the regime of isolation for Mr. Seselj.
It is interesting to note how the "free" West and the Hague
tribunal are afraid of Seselj and his influence on the population of
Serbia. The future the "Seselj trial" may become for the Hague tribunal
not the smaller problem than the "Milosevic trial". Last autumn I had
a chance to attend a status-conference of Mr. Seselj in the tribunal.
Mr. Seselj looked very fatigue and obviously had some health
problems. But on the question of a judge does he have some health
problems he answered: "Yes, I do. I have a mental suffering looking
at you. Your robes remind me Roman Catholic inquisition." Even if Mr.
Seselj really has health problems, he is ready for the battle in the
court. Whether the court itself is ready for this?
* * * * *
July 5 will be the first day of the Defence case of Slobodan Milosevic.
Let us wish all the best to this outstanding Man, to this recognised
leader of the Serbian people and of all other freedom-loving peoples.
From the ancient and the modern history we know very well that the
Serbian people never gave up! We believe in you, Comrade
President!
*******************************************************************
*******************************************************************
FIGHT BACK NATO AND ITS CRIMES AGAINST PEACE, YUGOSLAVIA
AND THE SERBIAN PEOPLE!
"President of Serbia and Montenegro" Svetozar Marovic will attend the
NATO summit in Istambul, which will take place exactly on Vidovdan!
Vidovdan is now at the same time a day of greatest glory and a day of
biggest shame of the Serbian people.
On this Vidovdan, the glory will prevail!
NATO and its lackeys will gather in Istambul, but the Serbian people
will gather in Belgrade.
Criminals and their servants will face many thousands angry protesters
in Istambul. In Belgrade many thousands will salute the courageous
struggle of Slobodan Milosevic against the NATO inquisitors and
demand his release and restoration of freedom in Serbia. In The
Hague the freedom-loving people of Serbian Diaspora and Europe
will protest NATO trying its victims under UN auspices.
JOIN THE VIDOVDAN PROTESTS:
26 June The Hague
27 June Istambul
28 June Belgrade
****************************************************************
******************************************************************
TRUTH
OR SLAVERY, HUMILIATION AND DESTRUCTION OF SERBIAN NATION
http://www.icdsm.org/battle.htm
THE DECISIVE BATTLE FOR TRUTH NEEDS YOUR HELP NOW!
******************************************************************
SLOBODA urgently needs your donation.
Please find the detailed instructions at:
http://www.sloboda.org.yu/pomoc.htm
To join or help this struggle, visit:
http://www.sloboda.org.yu/ (Sloboda/Freedom association)
http://www.icdsm.org/ (the international committee to defend Slobodan
Milosevic)
http://www.free-slobo.de/ (German section of ICDSM)
http://www.icdsm-us.org/ (US section of ICDSM)
http://www.icdsmireland.org/ (ICDSM Ireland)
http://www.wpc-in.org/ (world peace council)
http://www.geocities.com/b_antinato/ (Balkan antiNATO center)
==========================
ICDSM - Sezione Italiana
c/o GAMADI, Via L. Da Vinci 27
00043 Ciampino (Roma)
tel/fax +39-06-4828957
email: icdsm-italia @ libero.it
Conto Corrente Postale numero 86557006
intestato ad Adolfo Amoroso, ROMA
causale: DIFESA MILOSEVIC
sito internet:
http://www.pasti.org/linkmilo.htm
--