1. ICDSM Press Release (Amsterdam, November 6 2002)
2. Bjelica and Kostunica discuss about Milosevic (SLOBODA 5/11/02)
3. The Milosevic Trial - STATEMENT OF BELGRADE FORUM (4/11/2002)
4. Appeal to Judge May (W. Spring)
=== 1 ===
http://slobodan-milosevic.org/1106press.htm
PRESS RELEASE
OF THE INTERNATIONAL COMMITTEE TO DEFEND SLOBODAN MILOSEVIC
Yesterday, November 5th, the International Committee to Defend
Slobodan Milosevic (ICDSM), the official support group for
Slobodan Milosevic, faxed a motion to the ICTY. Today ICDSM
Vice-Chairman Nico Varkevisser hand-delivered the motion to the
ICTY. The main text of the motion is printed below. We have
submitted this motion because the ICTY's egregious mistreatment
of Mr. Milosevic has led to a health crisis that threatens his
life.
The motion can be read in full and downloaded at
http://emperor.vwh.net/icdsm/motion.htm
We will fax a full copy to any reporter who requests it.
The main text of the motion follows.
Excerpts from:
AMICUS CURIAE REQUEST
MOTION FOR URGENT SPECIALIZED MEDICAL ATTENTION AND PROVISIONAL
RELEASE FOR SLOBODAN MILOSEVIC
The ICDSM (International Committee to Defend Slobodan
Milosevic), a non-profit, non-governmental organisation, seeks
leave to make submissions necessary for a proper determination
of the case, pursuant to article 74 of the Rules of Procedure
and Evidence of the ICTY;
The Chamber has already afforded amicus curiae status to
outside counsel to assist it, stating that it has done so as a
result of President Milosevic's written decision not to retain
defence counsel, and with the objective of ensuring a fair
trial as well as a proper determination of the case;
The two remaining amici appointed by the Chamber have not
adequately pursued the crucial issue of the accused's serious
medical condition, nor have they secured the basic conditions
and facilities required for the preparation of his defence;
Slobodan Milosevic is exercising his most fundamental right to
defend himself in person, yet his health is threatened by the
hectic trial schedule. He has been exhausted attempting to
attain the "equality of arms" against a powerful prosecution
determined to adduce vast quantities of documentation of all
types, large portions of which are not relevant to specific
counts in the indictments. On November 1st, 2002, Slobodan
Milosevic suffered an episode of a rapid rise in blood
pressure, due to his condition of malignant hypertension, which
has been exacerbated by long days of hearings without
appropriate rest, and accumulated months of hearings.
The ICDSM seeks leave to request this Trial Chamber to adjourn
proceedings to provide Slobodan Milosevic with the specialized
health care he requires. He should obtain this medical
attention from practitioners familiar with his condition, in
Belgrade. The ICDSM also requests that following Slobodan
Milosevic's complete convalescence the Trial Chamber follow the
medical recommendations provided to it by its own appointed
medical practitioners. In addition, the ICDSM requests that the
Trial Chamber order the provisional release of Slobodan
Milosevic so that he may properly exercise his right to the
equality of arms in the conditions and with the facilities
required under international law. The provisional release
requested would be for President Milosevic, subject to any
conditions and guarantees deemed appropriate by the Trial
Chamber, to be permitted to prepare his trial in a
non-custodial residence in The Hague.
Mr. Milosevic is suffering from two significant medical
conditions, malignant hypertension and angina pectoris, which
have been brought to the Chamber's attention by a medical
concilium having examined him by order of the Chamber itself.
Malignant hypertension is aggravated by stress. Untreated, the
mortality rate is elevated: only 25% of patients survive one
year.
The Chamber has ordered that Mr Milosevic be examined. The
medical practitioners appointed accordingly provided the judges
with conclusions and recommendations with respect to the
deterioration of Mr. Milosevic's state of health as a result of
the grueling trial schedule and exorbitant effort that he is
obliged to provide in order to mount his defence.
The Trial Chamber then stated that it would not adopt the
medical recommendations "literally", but rather, " as far as
the spirit is concerned". In reality, however, the trial
schedule has remained generally long, hectic, and exhausting
for Slobodan Milosevic.
In fact, pressure on the defendant had recently increased.
Until the Chamber's announcement that Slobodan Milosevic had
complained of exhaustion, the Chamber now frequently sat for
full days, having abandoned its previous practice, following
Mr. Milosevic's illness, of sitting for shorter half-day
sessions. Mr. Milosevic was spending his lunch break in a
basement with access to a sandwich for nourishment. It would
have been impossible to argue that Slobodan Milosevic was
receiving a treatment in any way compatible to the "spirit" of
medical recommendations made to this Chamber.
The "spirit" of the medical recommendations made to the
Chamber, it is submitted, was to reduce the stress and strain
incurred by Mr. Milosevic as a result of his overwhelming
efforts to prepare and face a trial of exceptional magnitude.
To have skirted the medical recommendations was to ignore
rather than adopt their "spirit", to have continued hearings at
the previous rhythm threatened Slobodan Milosevic's life.
The Chamber did not consider itself bound to adopt the medical
recommendations made with respect to a potentially fatal
medical condition, and the inevitable occurred: Slobodan
Milosevic was pushed to the limit of exhaustion.
Slobodan Milosevic has received over 100 000 pages of documents
and 600 video cassettes from the Prosecutor as disclosure of
evidence pursuant to the relevant provisions of the Rules.
Given the massive disclosure of evidence received by Mr
Milosevic, he is now under more strain than he was when the
medical recommendations were made.
For instance, on several trial days, Mr. Milosevic has had to
choose between walking outside for fresh air or eating a meal.
Whatever option Slobodan Milosevic chooses will be detrimental:
he will attempt to prepare his trial without having eaten, or
he will prepare it without a minimum of fresh air. Either way
his rights are violated. This astonishing state of affairs
presents a serious threat to his health, and increases his
level of stress, which is a trigger of his heart condition.
Mr Milosevic has yet to receive specialized cardio-vascular
care, which he requires. The Freedom Association has previously
filed a medical report from Mr. Milosevic's personal physician,
Colonel Zdravko M. Mijailovic, MD, PhD, who was allowed to
observe the examinations of the ICTY-appointed medical
practitioners. Dr Mijailovic stated that Mr. Milosevic's
condition of arterial hypertension exponentially increased the
"risk of fatal incidents (brain stroke, acute myocardial
infarct (sic) , hear (sic) arrest, ...)". Dr Mijailovic further
recommended a number a number of specialized interventions and
examinations to attempt a stabilization of Mr. Milosevic's
condition.
If Slobodan Milosevic's trial and prison conditions remain
unchanged, there is a real likelihood of fatality. Denial of
medical care is a violation of the International Covenant on
Civil and Political Rights and may constitute torture. Hearings
have been suspended since November 1st 2002, so that parties
may provide recommendations to the Chamber with respect to the
continuation of the proceedings.
The ICDSM asks to:
GRANT it amicus curiae status; GRANT an immediate adjournment
of the trial for medical examinations and specialized treatment
under the care and supervision of President Milosevic's
personal physician, Colonel Zdravko M. Mijailovic, MD, PhD in
Belgrade and any other specialist chosen by the defendant or
his practitioner; AFFORD Slobodan Milosevic with the
specialized medical care he requires; GRANT an additonal
adjournment for the complete recovery of the defendant under
medical supervision and care; APPLY, with immediate effect, all
medical recommendations with respect to the trial schedule;
GRANT provisional release to the defendant, Slobodan Milosevic,
following his convalescence, subject to such conditions or
guarantees as may be deemed appropriate; OR VARY the conditions
of detention of the accused, Slobodan Milosevic, following his
convalescence, to a non-custodial setting in The Hague, with
such security, conditions or guarantees as deemed appropriate.
Amsterdam, November 6 2002
=== 2 ===
Subject: BJELICA and KOSTUNICA on MILOSEVIC
Date: Tue, 5 Nov 2002 23:05:30 +0100
From: "Vladimir Krsljanin" <vlada@...>
Belgrade, November 5.
Acting president of the Socialist Party of Serbia
and Chairman of the SLOBODA (Freedom) Association
Bogoljub Bjelica met this afternoon, on his
request, with Yugoslav President Vojislav
Kostunica.
Main issue of their conversation was protection of
life and health of President Slobodan Milosevic,
detained for more than 16 months at The Hague.
Medical doctors warn that nine months of trial
with unprecedented rhythm in history put
Milosevic's life at stake. He is under constant
risk of heart attack or stroke.
Two politicians discussed the current dramatic
situation that produced adjourn in the trial,
after sudden extreme increase of Milosevic's blood
pressure. Constitutional obligation of Yugoslav
state organs to protect the rights of Yugoslav
citizens abroad was also a topic.
SLOBODA appeared these days with a demand that
President Milosevic should immediately return to
Belgrade for specialized medical care and recovery
under supervision of doctors who followed his
health for years.
Talks of Bjelica and Kostunica on Milosevic
finished with no public statement nor press
release.
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)
icdsm temporary address:
http://emperor.vwh.net/icdsm/index.htm
for your donations:
http://emperor.vwh.net/icdsm/donations.htm
=== 3 ===
ARTEL GEOPOLITIKA by www.artel.co.yu
office@...
Date: 06 November 2002
THE MILOSEVIC TRIAL - STATEMENT OF BELGRADE FORUM (4)
THE BELGRADE FORUM FOR THE WORLD OF EQUALS
Done in Belgrade on 4 November 2002
The Belgrade Forum for the World of Equals (Forum)
expresses its deepest concern about the acceptance of the
second-hand evidence at the trial of Mr. Slobodan Milosevic
before the International Criminal Tribunal for the Former
Yugoslavia (ICTY) in The Hague. This issue resurfaced at
the beginning of the Croatia-Bosnia case and the Presiding
Judge May declared that the sesond-hand evidence will be
admissible. He stated that such testimonies are "acceptable
in civil law (continental) systems". The Forum resolutely
protests against this legal misconception and feels obliged
to challenge this view.
In modern civil law systems a witness is defined as someone
who have a DIRECT perception of events he or she had
personally seen or otherwise personally experienced. Under
the Yugoslav criminal procedure law no accused individual
can be sentenced on the basis of testiomonies of witnesses
who would claim to have heard of a criminal act from the
media or from somebody else. No Yugoslav criminal court
would allow the prosecution to call such witnesses. In
other words, the practice according to which an accused
would be sentenced for, say, criminmal act of murder,
whereby witnesses would testify to have heard of that act
on the TV, from somebody else or to have read about it in
newspapers is completely unknown to the Yugoslav criminal
law procedure. We contend that such a practice is also
unknown to the U.S. and British common law systems.
The importance of this issue was sharpened with the
appearance of journalists who testified about their
interviews with certain individuals (Mr. Anastasijevic, for
instance). The main test here is: how can Mr. Milosevic
possibly ascertain during the cross-examination whether a
journalist had correctly conveyed the words of an
interviewee? There is simply no way in which this can be
accomplished and for this reason the Forum considers such
testimonies as the hear-say testimonies of the highest
order.
During the testimony of Dr. Eric Baccard, a forensic
medicine expert, Judge May accepted his view that a
paraffine glove test represented an obsolete technique
(even in the case when 37 individuals tested positive). In
accordance with this, the Forum expects from and calls upon
Judge May to also adopt the modern standards in the area of
the second-hand evidence and declare it inadmissible.
The Forum is also concerned about the so far undefined
right of Mr. Milosevic to cross-examine witnesses after the
additional examination by the prosecution. At present, this
right is granted to Mr. Milosevic arbitrarily by Judge May.
The Chamber must finally detremine when and to what extent
Mr. Milosevic can exercise this right.
The Forum also notes that in this new phase of the trial
the Office of the Prosecutor avails itself of a totally
unacceptable practice of submitting written witness'
statements which later prove not to correspond to oral
testimonies heard before the Chamber. It is nothing new now
that those testifying (witnesses Samardzic, Lazarevic etc.)
claim not to have uttered words which are contained in
"their" written statements. "This practice of the
prosecution is bordering with perjury", claimed Ms.
Ljiljana Smajlovic, a Belgrade weekly NIN's correspondent
from The Hague. It is a matter of deepest concern that the
Chamber feels no obligation to warn or reprimand the
prosecution for this blatant breach of Mr. Milosevic's
right to a fair trial.
The Forum also recalls the Judge May's statement concerning
the responsibility for the break-up of the former
Yugoslavia. "It will be the matter for the Chamber to
decide", declared Judge May during the testimony of Mr.
Stjepan Mesic, the Croatian President. We believe that this
issue is not something the Chamber (or ICTY for that
matter) is called upon to decide or rule on: it is not the
subject matter of the trial. Even if it was, the Chamber
was given a proper answer to the question who was
responsible by Mr. Mesic on 10 October. While accusing Mr.
Milosevic for the break up of former Yugoslavia, Mr. Mesic
stated that "he and Mr. Kucan (Croatia and Slovenia) were
for a loose confederation, while Mr. Milosevic, he wanted a
firm Yugoslav federation. In that situation, we (Croatia
and Slovenia) decided to go away, to secede." This Mesic's
statement is clear. What is unclear to the Forum is: how
can somebody who was for the firm Yugoslav federation at
the same time be for its dissolution!? We call upon the
Chamber to read the transcript of 10 October and finally
find the truth for itself.
Finally, the Forum notes the concern the Chamber expressed
on 1 November about the completion of the trial and the
state of Mr. Milosevic's health. Bearing in mind that he
defends himself, that he is overwhelmed by the amount of
documents delivered by the prosecution and that his state
of health is far from satisfactory, the Forum calls upon
the Chamber to make a precedent and proprio motu issue an
order for Mr. Milosevic's provisional release. Only such an
order and defence from a Hague address can protect Mr.
Milosevic's well-being and provide for a minimum level of
equality of arms, the equality which is non-existent at
present. Considerations of Mr. Milosevic's security at a
Hague address simply cannot overweigh concerns about his
state of health.
BEOGRADSKI FORUM ZA SVET RAVNOPRAVNIH
11000 Beograd, Mi{arska 6/II, Jugoslavija
Tel./Fax: (++381 11) 3245601
E-Mail: info@...
www.belgrade-forum.or
=== 4 ===
Subject: appeal to judge may
Date: Wed, 6 Nov 2002 13:22:40 -0000
From: "canauk" <canauk@...>
To: "Hague Tribunal" <fisk.icty@...>
To the International Criminal Tribunal for the Former Yugoslavia
for the attention of Judge May
From William Spring 1 Scales Road London N17 9HB
6th November 2002
also by fax & post
Dear Judge May,
As you probably don't know, as your officials haven't told you, I have
sent various e mails to you in the past relating to your role in the
trial of Mr Milosevic.
I am concerned not only @ the indignities you & your fellow judges
routinely inflict upon the accused, but at indications you
consistently interfere with his defence, limiting his time, while
seeking to protect dubious witnesses, (as for example when the well
known war manufacturer /CIA agent/ & Jesuit massacre defender William
Walker appeared before you).
I have looked @ the transcripts, although I was not in Court myself.
But you should have known & did know how important the evidence of
Walker was, & in fact you gave him two days to present his evidence.
But Mr Milosevic you only allowed him 3 hours to cross examine & in
the middle of that cross examination you cut Mr Milosevic off, as you
have done so many times in the past, @ the very point when Mr
Milosevic was asking questions relating to Walker's role in his cover
up of the murder of six Jesuit priests in El Salvador in the 1980's.
At that time Walker was employed as a CIA agent (using US diplomatic
cover), running the contras, useful experience for him prior to taking
over a similar role in Kosovo.
Walker told your tribunal "I made an inaccurate statement, in
hindsight".
Mr Milosevic then pointed out how, when the KLA was blamed for the
killing of the Serb teenagers in Pec, he had said, " when you don't
know what has happened, it's a lot more difficult to sort of pronounce
yourself ... to this day we do not know who committed that act."
But Walker did not exercise the same degree of caution regarding
Racak.
At that point you intervened to stop the cross examination by saying:
"your attempt to discredit this witness with events so long ago the
Trial Chamber has ruled as irrelevant. "
And later:
"This is an absurd question, absolutely absurd. Now you're wasting
everybody's time."
But the time spent cross examining the initiator of the Kosovo War was
not wasted.
It is vital to get to the truth about the 1999 NATO war on Yugoslavia.
It may be that as a lawyer you don't have any regard for the truth, by
which I mean you don't regard its pursuit as a priority.
But as a contemporary historian, & as a concerned citizen, worried @
the waste of UK taxpayers' money spent funding your illicit judicial
forum, I do.
My point is you have disqualified yourself by prejudice & bias from
any further conduct of this case.
I have made a formal complaint to the Lord Chancellor about your
conduct of the trial
I refer as well to the failure of The Tribunal to provide
medical facilities for the prisoner, nor access to family, nor access
to lawyers, nor access to potential witnesses, such as myself, nor
access to advisers, nor access to telephones & fax machines, nor
access to the Internet, nor even access to a computer.
You give him inedible meals & you deny him exercise.
You are engaged in torture.
You sneer @ the prisoner - you generally seek to demean him, you
inflict indignities & gratuitous humiliation upon him.
I believe you & the other UK officials @ the Court, including Steven
Kay, the MI6 agent drafted in so the prosecution can also take over
the defence, all of you have systematically conspired to deny the
prisoner a fair trial, both on account of the numerous rulings you
have made against him, & those you have not, particularly in respect
to the conditions of his unlawful detention.
You are aware how he is being unlawfully detained, having been
kidnapped, i.e. illegally abducted, (through the complicity of agents
of the British Government, & the RAF) from the sovereign territory of
Yugoslavia.
These agents & the RAF personnel were acting upon the instructions of
Geoff Hoon MP.
Yet the crime committed over his person you refuse to rule on.
You have refused to consider the circumstances by which Mr Milosevic
arrived @ your Court.
You & Stephen Kay are no better than the Japs, (who were probably
quite humane gaolers of our men on the Burma Road, compared to the
insidious protracted long term psychological torture you inflict on
Mr Milosevic).
Nothing is worse than the turning of the planetary moral & legal order
upside down, the bringing of international law into disrepute, so that
those who are actually criminals, (such as Walker, & NATO satrap Paddy
Ashdown, + the German NATO air commander, I think his name is Nauman
or something like that, but all of whom were responsible for the
aggression against Yugoslavia), they are allowed accuse Milosevic, but
they are not held responsible for their own crimes.
This is absurd.
Now we hear the Americans are planning another set of show trials,
this time for Iraq.
Corrupt Courts, staffed by corrupt judges, & corrupt prosecutors,
travel in the baggage of the Allies, as the Bourbons travelled in
their baggage in 1815.
Section 134 of the Criminal Justice Act 1988 prevents any official of
the UK Covt engaging in torture in any capacity, for which reason I
am sending a copy to this letter to the Lord Chancellor & to the A-G.
Yours sincerely
William Spring
2. Bjelica and Kostunica discuss about Milosevic (SLOBODA 5/11/02)
3. The Milosevic Trial - STATEMENT OF BELGRADE FORUM (4/11/2002)
4. Appeal to Judge May (W. Spring)
=== 1 ===
http://slobodan-milosevic.org/1106press.htm
PRESS RELEASE
OF THE INTERNATIONAL COMMITTEE TO DEFEND SLOBODAN MILOSEVIC
Yesterday, November 5th, the International Committee to Defend
Slobodan Milosevic (ICDSM), the official support group for
Slobodan Milosevic, faxed a motion to the ICTY. Today ICDSM
Vice-Chairman Nico Varkevisser hand-delivered the motion to the
ICTY. The main text of the motion is printed below. We have
submitted this motion because the ICTY's egregious mistreatment
of Mr. Milosevic has led to a health crisis that threatens his
life.
The motion can be read in full and downloaded at
http://emperor.vwh.net/icdsm/motion.htm
We will fax a full copy to any reporter who requests it.
The main text of the motion follows.
Excerpts from:
AMICUS CURIAE REQUEST
MOTION FOR URGENT SPECIALIZED MEDICAL ATTENTION AND PROVISIONAL
RELEASE FOR SLOBODAN MILOSEVIC
The ICDSM (International Committee to Defend Slobodan
Milosevic), a non-profit, non-governmental organisation, seeks
leave to make submissions necessary for a proper determination
of the case, pursuant to article 74 of the Rules of Procedure
and Evidence of the ICTY;
The Chamber has already afforded amicus curiae status to
outside counsel to assist it, stating that it has done so as a
result of President Milosevic's written decision not to retain
defence counsel, and with the objective of ensuring a fair
trial as well as a proper determination of the case;
The two remaining amici appointed by the Chamber have not
adequately pursued the crucial issue of the accused's serious
medical condition, nor have they secured the basic conditions
and facilities required for the preparation of his defence;
Slobodan Milosevic is exercising his most fundamental right to
defend himself in person, yet his health is threatened by the
hectic trial schedule. He has been exhausted attempting to
attain the "equality of arms" against a powerful prosecution
determined to adduce vast quantities of documentation of all
types, large portions of which are not relevant to specific
counts in the indictments. On November 1st, 2002, Slobodan
Milosevic suffered an episode of a rapid rise in blood
pressure, due to his condition of malignant hypertension, which
has been exacerbated by long days of hearings without
appropriate rest, and accumulated months of hearings.
The ICDSM seeks leave to request this Trial Chamber to adjourn
proceedings to provide Slobodan Milosevic with the specialized
health care he requires. He should obtain this medical
attention from practitioners familiar with his condition, in
Belgrade. The ICDSM also requests that following Slobodan
Milosevic's complete convalescence the Trial Chamber follow the
medical recommendations provided to it by its own appointed
medical practitioners. In addition, the ICDSM requests that the
Trial Chamber order the provisional release of Slobodan
Milosevic so that he may properly exercise his right to the
equality of arms in the conditions and with the facilities
required under international law. The provisional release
requested would be for President Milosevic, subject to any
conditions and guarantees deemed appropriate by the Trial
Chamber, to be permitted to prepare his trial in a
non-custodial residence in The Hague.
Mr. Milosevic is suffering from two significant medical
conditions, malignant hypertension and angina pectoris, which
have been brought to the Chamber's attention by a medical
concilium having examined him by order of the Chamber itself.
Malignant hypertension is aggravated by stress. Untreated, the
mortality rate is elevated: only 25% of patients survive one
year.
The Chamber has ordered that Mr Milosevic be examined. The
medical practitioners appointed accordingly provided the judges
with conclusions and recommendations with respect to the
deterioration of Mr. Milosevic's state of health as a result of
the grueling trial schedule and exorbitant effort that he is
obliged to provide in order to mount his defence.
The Trial Chamber then stated that it would not adopt the
medical recommendations "literally", but rather, " as far as
the spirit is concerned". In reality, however, the trial
schedule has remained generally long, hectic, and exhausting
for Slobodan Milosevic.
In fact, pressure on the defendant had recently increased.
Until the Chamber's announcement that Slobodan Milosevic had
complained of exhaustion, the Chamber now frequently sat for
full days, having abandoned its previous practice, following
Mr. Milosevic's illness, of sitting for shorter half-day
sessions. Mr. Milosevic was spending his lunch break in a
basement with access to a sandwich for nourishment. It would
have been impossible to argue that Slobodan Milosevic was
receiving a treatment in any way compatible to the "spirit" of
medical recommendations made to this Chamber.
The "spirit" of the medical recommendations made to the
Chamber, it is submitted, was to reduce the stress and strain
incurred by Mr. Milosevic as a result of his overwhelming
efforts to prepare and face a trial of exceptional magnitude.
To have skirted the medical recommendations was to ignore
rather than adopt their "spirit", to have continued hearings at
the previous rhythm threatened Slobodan Milosevic's life.
The Chamber did not consider itself bound to adopt the medical
recommendations made with respect to a potentially fatal
medical condition, and the inevitable occurred: Slobodan
Milosevic was pushed to the limit of exhaustion.
Slobodan Milosevic has received over 100 000 pages of documents
and 600 video cassettes from the Prosecutor as disclosure of
evidence pursuant to the relevant provisions of the Rules.
Given the massive disclosure of evidence received by Mr
Milosevic, he is now under more strain than he was when the
medical recommendations were made.
For instance, on several trial days, Mr. Milosevic has had to
choose between walking outside for fresh air or eating a meal.
Whatever option Slobodan Milosevic chooses will be detrimental:
he will attempt to prepare his trial without having eaten, or
he will prepare it without a minimum of fresh air. Either way
his rights are violated. This astonishing state of affairs
presents a serious threat to his health, and increases his
level of stress, which is a trigger of his heart condition.
Mr Milosevic has yet to receive specialized cardio-vascular
care, which he requires. The Freedom Association has previously
filed a medical report from Mr. Milosevic's personal physician,
Colonel Zdravko M. Mijailovic, MD, PhD, who was allowed to
observe the examinations of the ICTY-appointed medical
practitioners. Dr Mijailovic stated that Mr. Milosevic's
condition of arterial hypertension exponentially increased the
"risk of fatal incidents (brain stroke, acute myocardial
infarct (sic) , hear (sic) arrest, ...)". Dr Mijailovic further
recommended a number a number of specialized interventions and
examinations to attempt a stabilization of Mr. Milosevic's
condition.
If Slobodan Milosevic's trial and prison conditions remain
unchanged, there is a real likelihood of fatality. Denial of
medical care is a violation of the International Covenant on
Civil and Political Rights and may constitute torture. Hearings
have been suspended since November 1st 2002, so that parties
may provide recommendations to the Chamber with respect to the
continuation of the proceedings.
The ICDSM asks to:
GRANT it amicus curiae status; GRANT an immediate adjournment
of the trial for medical examinations and specialized treatment
under the care and supervision of President Milosevic's
personal physician, Colonel Zdravko M. Mijailovic, MD, PhD in
Belgrade and any other specialist chosen by the defendant or
his practitioner; AFFORD Slobodan Milosevic with the
specialized medical care he requires; GRANT an additonal
adjournment for the complete recovery of the defendant under
medical supervision and care; APPLY, with immediate effect, all
medical recommendations with respect to the trial schedule;
GRANT provisional release to the defendant, Slobodan Milosevic,
following his convalescence, subject to such conditions or
guarantees as may be deemed appropriate; OR VARY the conditions
of detention of the accused, Slobodan Milosevic, following his
convalescence, to a non-custodial setting in The Hague, with
such security, conditions or guarantees as deemed appropriate.
Amsterdam, November 6 2002
=== 2 ===
Subject: BJELICA and KOSTUNICA on MILOSEVIC
Date: Tue, 5 Nov 2002 23:05:30 +0100
From: "Vladimir Krsljanin" <vlada@...>
Belgrade, November 5.
Acting president of the Socialist Party of Serbia
and Chairman of the SLOBODA (Freedom) Association
Bogoljub Bjelica met this afternoon, on his
request, with Yugoslav President Vojislav
Kostunica.
Main issue of their conversation was protection of
life and health of President Slobodan Milosevic,
detained for more than 16 months at The Hague.
Medical doctors warn that nine months of trial
with unprecedented rhythm in history put
Milosevic's life at stake. He is under constant
risk of heart attack or stroke.
Two politicians discussed the current dramatic
situation that produced adjourn in the trial,
after sudden extreme increase of Milosevic's blood
pressure. Constitutional obligation of Yugoslav
state organs to protect the rights of Yugoslav
citizens abroad was also a topic.
SLOBODA appeared these days with a demand that
President Milosevic should immediately return to
Belgrade for specialized medical care and recovery
under supervision of doctors who followed his
health for years.
Talks of Bjelica and Kostunica on Milosevic
finished with no public statement nor press
release.
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)
icdsm temporary address:
http://emperor.vwh.net/icdsm/index.htm
for your donations:
http://emperor.vwh.net/icdsm/donations.htm
=== 3 ===
ARTEL GEOPOLITIKA by www.artel.co.yu
office@...
Date: 06 November 2002
THE MILOSEVIC TRIAL - STATEMENT OF BELGRADE FORUM (4)
THE BELGRADE FORUM FOR THE WORLD OF EQUALS
Done in Belgrade on 4 November 2002
The Belgrade Forum for the World of Equals (Forum)
expresses its deepest concern about the acceptance of the
second-hand evidence at the trial of Mr. Slobodan Milosevic
before the International Criminal Tribunal for the Former
Yugoslavia (ICTY) in The Hague. This issue resurfaced at
the beginning of the Croatia-Bosnia case and the Presiding
Judge May declared that the sesond-hand evidence will be
admissible. He stated that such testimonies are "acceptable
in civil law (continental) systems". The Forum resolutely
protests against this legal misconception and feels obliged
to challenge this view.
In modern civil law systems a witness is defined as someone
who have a DIRECT perception of events he or she had
personally seen or otherwise personally experienced. Under
the Yugoslav criminal procedure law no accused individual
can be sentenced on the basis of testiomonies of witnesses
who would claim to have heard of a criminal act from the
media or from somebody else. No Yugoslav criminal court
would allow the prosecution to call such witnesses. In
other words, the practice according to which an accused
would be sentenced for, say, criminmal act of murder,
whereby witnesses would testify to have heard of that act
on the TV, from somebody else or to have read about it in
newspapers is completely unknown to the Yugoslav criminal
law procedure. We contend that such a practice is also
unknown to the U.S. and British common law systems.
The importance of this issue was sharpened with the
appearance of journalists who testified about their
interviews with certain individuals (Mr. Anastasijevic, for
instance). The main test here is: how can Mr. Milosevic
possibly ascertain during the cross-examination whether a
journalist had correctly conveyed the words of an
interviewee? There is simply no way in which this can be
accomplished and for this reason the Forum considers such
testimonies as the hear-say testimonies of the highest
order.
During the testimony of Dr. Eric Baccard, a forensic
medicine expert, Judge May accepted his view that a
paraffine glove test represented an obsolete technique
(even in the case when 37 individuals tested positive). In
accordance with this, the Forum expects from and calls upon
Judge May to also adopt the modern standards in the area of
the second-hand evidence and declare it inadmissible.
The Forum is also concerned about the so far undefined
right of Mr. Milosevic to cross-examine witnesses after the
additional examination by the prosecution. At present, this
right is granted to Mr. Milosevic arbitrarily by Judge May.
The Chamber must finally detremine when and to what extent
Mr. Milosevic can exercise this right.
The Forum also notes that in this new phase of the trial
the Office of the Prosecutor avails itself of a totally
unacceptable practice of submitting written witness'
statements which later prove not to correspond to oral
testimonies heard before the Chamber. It is nothing new now
that those testifying (witnesses Samardzic, Lazarevic etc.)
claim not to have uttered words which are contained in
"their" written statements. "This practice of the
prosecution is bordering with perjury", claimed Ms.
Ljiljana Smajlovic, a Belgrade weekly NIN's correspondent
from The Hague. It is a matter of deepest concern that the
Chamber feels no obligation to warn or reprimand the
prosecution for this blatant breach of Mr. Milosevic's
right to a fair trial.
The Forum also recalls the Judge May's statement concerning
the responsibility for the break-up of the former
Yugoslavia. "It will be the matter for the Chamber to
decide", declared Judge May during the testimony of Mr.
Stjepan Mesic, the Croatian President. We believe that this
issue is not something the Chamber (or ICTY for that
matter) is called upon to decide or rule on: it is not the
subject matter of the trial. Even if it was, the Chamber
was given a proper answer to the question who was
responsible by Mr. Mesic on 10 October. While accusing Mr.
Milosevic for the break up of former Yugoslavia, Mr. Mesic
stated that "he and Mr. Kucan (Croatia and Slovenia) were
for a loose confederation, while Mr. Milosevic, he wanted a
firm Yugoslav federation. In that situation, we (Croatia
and Slovenia) decided to go away, to secede." This Mesic's
statement is clear. What is unclear to the Forum is: how
can somebody who was for the firm Yugoslav federation at
the same time be for its dissolution!? We call upon the
Chamber to read the transcript of 10 October and finally
find the truth for itself.
Finally, the Forum notes the concern the Chamber expressed
on 1 November about the completion of the trial and the
state of Mr. Milosevic's health. Bearing in mind that he
defends himself, that he is overwhelmed by the amount of
documents delivered by the prosecution and that his state
of health is far from satisfactory, the Forum calls upon
the Chamber to make a precedent and proprio motu issue an
order for Mr. Milosevic's provisional release. Only such an
order and defence from a Hague address can protect Mr.
Milosevic's well-being and provide for a minimum level of
equality of arms, the equality which is non-existent at
present. Considerations of Mr. Milosevic's security at a
Hague address simply cannot overweigh concerns about his
state of health.
BEOGRADSKI FORUM ZA SVET RAVNOPRAVNIH
11000 Beograd, Mi{arska 6/II, Jugoslavija
Tel./Fax: (++381 11) 3245601
E-Mail: info@...
www.belgrade-forum.or
=== 4 ===
Subject: appeal to judge may
Date: Wed, 6 Nov 2002 13:22:40 -0000
From: "canauk" <canauk@...>
To: "Hague Tribunal" <fisk.icty@...>
To the International Criminal Tribunal for the Former Yugoslavia
for the attention of Judge May
From William Spring 1 Scales Road London N17 9HB
6th November 2002
also by fax & post
Dear Judge May,
As you probably don't know, as your officials haven't told you, I have
sent various e mails to you in the past relating to your role in the
trial of Mr Milosevic.
I am concerned not only @ the indignities you & your fellow judges
routinely inflict upon the accused, but at indications you
consistently interfere with his defence, limiting his time, while
seeking to protect dubious witnesses, (as for example when the well
known war manufacturer /CIA agent/ & Jesuit massacre defender William
Walker appeared before you).
I have looked @ the transcripts, although I was not in Court myself.
But you should have known & did know how important the evidence of
Walker was, & in fact you gave him two days to present his evidence.
But Mr Milosevic you only allowed him 3 hours to cross examine & in
the middle of that cross examination you cut Mr Milosevic off, as you
have done so many times in the past, @ the very point when Mr
Milosevic was asking questions relating to Walker's role in his cover
up of the murder of six Jesuit priests in El Salvador in the 1980's.
At that time Walker was employed as a CIA agent (using US diplomatic
cover), running the contras, useful experience for him prior to taking
over a similar role in Kosovo.
Walker told your tribunal "I made an inaccurate statement, in
hindsight".
Mr Milosevic then pointed out how, when the KLA was blamed for the
killing of the Serb teenagers in Pec, he had said, " when you don't
know what has happened, it's a lot more difficult to sort of pronounce
yourself ... to this day we do not know who committed that act."
But Walker did not exercise the same degree of caution regarding
Racak.
At that point you intervened to stop the cross examination by saying:
"your attempt to discredit this witness with events so long ago the
Trial Chamber has ruled as irrelevant. "
And later:
"This is an absurd question, absolutely absurd. Now you're wasting
everybody's time."
But the time spent cross examining the initiator of the Kosovo War was
not wasted.
It is vital to get to the truth about the 1999 NATO war on Yugoslavia.
It may be that as a lawyer you don't have any regard for the truth, by
which I mean you don't regard its pursuit as a priority.
But as a contemporary historian, & as a concerned citizen, worried @
the waste of UK taxpayers' money spent funding your illicit judicial
forum, I do.
My point is you have disqualified yourself by prejudice & bias from
any further conduct of this case.
I have made a formal complaint to the Lord Chancellor about your
conduct of the trial
I refer as well to the failure of The Tribunal to provide
medical facilities for the prisoner, nor access to family, nor access
to lawyers, nor access to potential witnesses, such as myself, nor
access to advisers, nor access to telephones & fax machines, nor
access to the Internet, nor even access to a computer.
You give him inedible meals & you deny him exercise.
You are engaged in torture.
You sneer @ the prisoner - you generally seek to demean him, you
inflict indignities & gratuitous humiliation upon him.
I believe you & the other UK officials @ the Court, including Steven
Kay, the MI6 agent drafted in so the prosecution can also take over
the defence, all of you have systematically conspired to deny the
prisoner a fair trial, both on account of the numerous rulings you
have made against him, & those you have not, particularly in respect
to the conditions of his unlawful detention.
You are aware how he is being unlawfully detained, having been
kidnapped, i.e. illegally abducted, (through the complicity of agents
of the British Government, & the RAF) from the sovereign territory of
Yugoslavia.
These agents & the RAF personnel were acting upon the instructions of
Geoff Hoon MP.
Yet the crime committed over his person you refuse to rule on.
You have refused to consider the circumstances by which Mr Milosevic
arrived @ your Court.
You & Stephen Kay are no better than the Japs, (who were probably
quite humane gaolers of our men on the Burma Road, compared to the
insidious protracted long term psychological torture you inflict on
Mr Milosevic).
Nothing is worse than the turning of the planetary moral & legal order
upside down, the bringing of international law into disrepute, so that
those who are actually criminals, (such as Walker, & NATO satrap Paddy
Ashdown, + the German NATO air commander, I think his name is Nauman
or something like that, but all of whom were responsible for the
aggression against Yugoslavia), they are allowed accuse Milosevic, but
they are not held responsible for their own crimes.
This is absurd.
Now we hear the Americans are planning another set of show trials,
this time for Iraq.
Corrupt Courts, staffed by corrupt judges, & corrupt prosecutors,
travel in the baggage of the Allies, as the Bourbons travelled in
their baggage in 1815.
Section 134 of the Criminal Justice Act 1988 prevents any official of
the UK Covt engaging in torture in any capacity, for which reason I
am sending a copy to this letter to the Lord Chancellor & to the A-G.
Yours sincerely
William Spring