* LA CORTE EUROPEA PER I DIRITTI UMANI RIGETTA LA DENUNCIA RELATIVA AL
BOMBARDAMENTO DELLA RADIOTELEVISIONE SERBA.
Secondo la Corte di Strasburgo, infatti, i diritti umani si possono
violare purche' lo si faccia in paesi, come la RF di Jugoslavia, che non
hanno sottoscritto la Convenzione Europea dei Diritti Umani.
* APPELLO ALLA SOTTOSCRIZIONE PER FINANZIARE L'ITER PROCESSUALE DELLA
DENUNCIA PRESENTATA IN CANADA
=*=
http://news.bbc.co.uk/hi/english/world/europe/newsid_1719000/1719039.stm
Wednesday, 19 December, 2001, 10:12 GMT
Court throws out case against Nato
One plaintiff (left) lost a son in the bombing
The European Court of Human Rights has thrown out a case brought against
Nato over the bombing of Belgrade's main TV station during the Kosovo
conflict.
Six Yugoslav nationals had brought the case on behalf of the station's
employees, saying the attack, which killed 16 people, was in breach of
Europe's human rights charter.
Nato said Serbian state TV was a "ministry of lies"
They argued that the air strikes were illegal under the charter, which
governs the right to life and freedom of expression, and asked for
compensation.
But the court declared the case inadmissible.
The lawyers for the 17 defendants - the European members of Nato - had
argued that the human rights court did not have the right to judge
because the bombing took place in a country which is not a signatory to
the European Convention of Human Rights.
Christopher Greenwood, a British government lawyer arguing for the
defendants, also stressed that the two Nato members that played a
central role in the Kosovo campaign - the United States and Canada -
were not named in the suit.
Propaganda war
On the night of 23 April 1999, Nato aircraft attacked the government-run
studios of Radio Television Serbia (RTS) in Belgrade, in which those
killed, most of them production workers, had been ordered to report for
work.
The attack was part of Nato's air campaign to force the Yugoslav
Government of former President Slobodan Milosevic to withdraw its forces
from Kosovo.
At the time, Nato defended the air strike by saying the TV station was a
legitimate target because of its role in what Nato called Belgrade's
campaign of propaganda.
The BBC's Alix Kroeger
reports from Belgrade
============================================================
Von: petar <petar@...>
Datum: 2001/12/02 So AM 01:02:05 GMT+01:00
An: (Recipient list suppressed)
Betreff: Pls Fwd// DONATIONS NEEDED // Lawsuit against NATO // Canada
Dear Friends:
YOUR DONATIONS WOULD BE APPRECIATTED!
To continue with a lawsuit against the Canadian government regarding its
involvement in NATO's bombing of Yugoslavia in 1999, we need your
financial support.
A group of 50 Canadian citizens and 15 Yugoslav citizens have initiated
(on September 15, 1999) a lawsuit against the Canadian government
regarding the bombing of Yugoslavia in 1999. The group is suing the
Government of Canada for damages stemming from the 1999 military action
taken by NATO against Yugoslavia.
As you may have already known, in January this year, we have won a first
battle. Namely, shortly after the filing of the Statement of Claim on
September 15, 1999, that is, on November 1, 1999, the Attorney General
of Canada made a Motion (a motion is a request to a Court) to dismiss
the case.
On January 10, 2001, Judge Justice Sedgwick of the Superior Court of
Ontario dismissed the Motion of the Attorney General, i.e., the Court
decided that we have a right to sue, the matter could go to trial
because Government's argument about ability of the court to decide the
case, to determine international law, and the alleged legality of their
actions are not supportable.
Our case is now before the Ontario Court of Appeal. If this court
dismisses the Motion of the Attorney General as well, our case will
reach the Supreme Court of Canada! Chances for this to happen are real.
However, we have to take it step at a time: we have to improve our
ability to financially sustain the effort.
We must raise at least CAD$15,000 to position ourselves to handle the
immediate step, the Ontario Court of Appeal.
We would be very grateful should you help us in out endeavor. In the
case that we win the case, we guarantie that your money would be
returned.
Please kindly send your cheques to:
Att: Penny Adams
"Binavince Smith", Barristers and Solicitors
200 Elgin St., Suite 502,
Ottawa, ON.
K2P 1L5, Canada
Please indicate on the cheque: "NATO case". Also please fill in your
full return address, either on the back of the cheque or on a separate
sheet. It would be good to send me an email as well.
For further information please feel free to contact Radovan Prodanovic,
group's contact person, 613-792-4749 or by e-mail:
rprodanovic@...
Best regards, R. Prodanovic
====
BACKGROUND:
In the course of 78 days (starting March, 1999), Canadian planes
andCanadian pilots were ordered to bomb an innocent and helpless
civilianpopulation of Serbia and Yugoslavia, to destroy their homes and
property, topoison their environment. The result is compounded human
misery, a dangerously polluted habitat, expansion of terrorist activity,
and a destabilisation of the entire region. This act of war was
undertaken against a country that was at peace with its neighbours and
that was not threatening either Canada or any of its allies. It was done
without a mandate from the United Nations, the Parliament of Canada, or
the Canadian people.
Inflicting harm upon the person, life, security, and property of
innocent civilians to convince President Milosevic to desist from his
policies was not only irrational and inhuman; it was a sacrifice of the
well being and rights of innocent people (including Canadians) for the
benefit of another group of innocent people. This cannot be justified
morally or legally. The Canadian Charter of Rights and Freedoms
guarantees the right to life, liberty, and security to every individual
(Section 7) without discrimination based on race, or national or ethnic
origin (Section 15). The action of Canada and NATO has harmed Canadians
and is, therefore, in clear violation of Canadian law.
Justifying the terrible consequences of this action as "collateral
damage" - a hackneyed and blatantly cynical military euphemism - rings
false and offends the civilized mind: HUMANITY IS NEVER MERE COLLATERAL.
The cruel and devastating effects of war on innocent civilians have led
enlightened countries to renounce war as an instrument of national
policy and as a means of settling international disputes. The Hague
General Treaty for the Renunciation of War is binding on all states,
including Canada and the members of NATO - it enshrines the principle
that "Might does NOT make Right".
This principle is also fundamental to the Charter of the United Nations,
which specifies that "all Members shall refrain in their international
relations from the threat or use of force against the territorial
integrity or political independence of any State" (Article 2 paragraph
4). The NATO military action clearly violates these treaties,
particularly since there were no credible attempts to pursue amicable
methods of settling the dispute.
Furthermore, the very agreement under which NATO is constituted was
breached. NATO is a defensive arrangement where military action is
authorized only if a member country is the victim of aggression.
Clearly, there was no aggressive use of force by Yugoslavia against a
NATO country in this case. Rather, the military action was a coercive
measure. It defies reason to think that the killing of innocent people
and the destruction of their property can be a legitimate tool in
international affairs. What NATO has done is to commit an international
crime against a group of innocent people.
More tragically, Canada and other NATO countries have legitimized the
universally condemned principle that "Might is Right".
BOMBARDAMENTO DELLA RADIOTELEVISIONE SERBA.
Secondo la Corte di Strasburgo, infatti, i diritti umani si possono
violare purche' lo si faccia in paesi, come la RF di Jugoslavia, che non
hanno sottoscritto la Convenzione Europea dei Diritti Umani.
* APPELLO ALLA SOTTOSCRIZIONE PER FINANZIARE L'ITER PROCESSUALE DELLA
DENUNCIA PRESENTATA IN CANADA
=*=
http://news.bbc.co.uk/hi/english/world/europe/newsid_1719000/1719039.stm
Wednesday, 19 December, 2001, 10:12 GMT
Court throws out case against Nato
One plaintiff (left) lost a son in the bombing
The European Court of Human Rights has thrown out a case brought against
Nato over the bombing of Belgrade's main TV station during the Kosovo
conflict.
Six Yugoslav nationals had brought the case on behalf of the station's
employees, saying the attack, which killed 16 people, was in breach of
Europe's human rights charter.
Nato said Serbian state TV was a "ministry of lies"
They argued that the air strikes were illegal under the charter, which
governs the right to life and freedom of expression, and asked for
compensation.
But the court declared the case inadmissible.
The lawyers for the 17 defendants - the European members of Nato - had
argued that the human rights court did not have the right to judge
because the bombing took place in a country which is not a signatory to
the European Convention of Human Rights.
Christopher Greenwood, a British government lawyer arguing for the
defendants, also stressed that the two Nato members that played a
central role in the Kosovo campaign - the United States and Canada -
were not named in the suit.
Propaganda war
On the night of 23 April 1999, Nato aircraft attacked the government-run
studios of Radio Television Serbia (RTS) in Belgrade, in which those
killed, most of them production workers, had been ordered to report for
work.
The attack was part of Nato's air campaign to force the Yugoslav
Government of former President Slobodan Milosevic to withdraw its forces
from Kosovo.
At the time, Nato defended the air strike by saying the TV station was a
legitimate target because of its role in what Nato called Belgrade's
campaign of propaganda.
The BBC's Alix Kroeger
reports from Belgrade
============================================================
Von: petar <petar@...>
Datum: 2001/12/02 So AM 01:02:05 GMT+01:00
An: (Recipient list suppressed)
Betreff: Pls Fwd// DONATIONS NEEDED // Lawsuit against NATO // Canada
Dear Friends:
YOUR DONATIONS WOULD BE APPRECIATTED!
To continue with a lawsuit against the Canadian government regarding its
involvement in NATO's bombing of Yugoslavia in 1999, we need your
financial support.
A group of 50 Canadian citizens and 15 Yugoslav citizens have initiated
(on September 15, 1999) a lawsuit against the Canadian government
regarding the bombing of Yugoslavia in 1999. The group is suing the
Government of Canada for damages stemming from the 1999 military action
taken by NATO against Yugoslavia.
As you may have already known, in January this year, we have won a first
battle. Namely, shortly after the filing of the Statement of Claim on
September 15, 1999, that is, on November 1, 1999, the Attorney General
of Canada made a Motion (a motion is a request to a Court) to dismiss
the case.
On January 10, 2001, Judge Justice Sedgwick of the Superior Court of
Ontario dismissed the Motion of the Attorney General, i.e., the Court
decided that we have a right to sue, the matter could go to trial
because Government's argument about ability of the court to decide the
case, to determine international law, and the alleged legality of their
actions are not supportable.
Our case is now before the Ontario Court of Appeal. If this court
dismisses the Motion of the Attorney General as well, our case will
reach the Supreme Court of Canada! Chances for this to happen are real.
However, we have to take it step at a time: we have to improve our
ability to financially sustain the effort.
We must raise at least CAD$15,000 to position ourselves to handle the
immediate step, the Ontario Court of Appeal.
We would be very grateful should you help us in out endeavor. In the
case that we win the case, we guarantie that your money would be
returned.
Please kindly send your cheques to:
Att: Penny Adams
"Binavince Smith", Barristers and Solicitors
200 Elgin St., Suite 502,
Ottawa, ON.
K2P 1L5, Canada
Please indicate on the cheque: "NATO case". Also please fill in your
full return address, either on the back of the cheque or on a separate
sheet. It would be good to send me an email as well.
For further information please feel free to contact Radovan Prodanovic,
group's contact person, 613-792-4749 or by e-mail:
rprodanovic@...
Best regards, R. Prodanovic
====
BACKGROUND:
In the course of 78 days (starting March, 1999), Canadian planes
andCanadian pilots were ordered to bomb an innocent and helpless
civilianpopulation of Serbia and Yugoslavia, to destroy their homes and
property, topoison their environment. The result is compounded human
misery, a dangerously polluted habitat, expansion of terrorist activity,
and a destabilisation of the entire region. This act of war was
undertaken against a country that was at peace with its neighbours and
that was not threatening either Canada or any of its allies. It was done
without a mandate from the United Nations, the Parliament of Canada, or
the Canadian people.
Inflicting harm upon the person, life, security, and property of
innocent civilians to convince President Milosevic to desist from his
policies was not only irrational and inhuman; it was a sacrifice of the
well being and rights of innocent people (including Canadians) for the
benefit of another group of innocent people. This cannot be justified
morally or legally. The Canadian Charter of Rights and Freedoms
guarantees the right to life, liberty, and security to every individual
(Section 7) without discrimination based on race, or national or ethnic
origin (Section 15). The action of Canada and NATO has harmed Canadians
and is, therefore, in clear violation of Canadian law.
Justifying the terrible consequences of this action as "collateral
damage" - a hackneyed and blatantly cynical military euphemism - rings
false and offends the civilized mind: HUMANITY IS NEVER MERE COLLATERAL.
The cruel and devastating effects of war on innocent civilians have led
enlightened countries to renounce war as an instrument of national
policy and as a means of settling international disputes. The Hague
General Treaty for the Renunciation of War is binding on all states,
including Canada and the members of NATO - it enshrines the principle
that "Might does NOT make Right".
This principle is also fundamental to the Charter of the United Nations,
which specifies that "all Members shall refrain in their international
relations from the threat or use of force against the territorial
integrity or political independence of any State" (Article 2 paragraph
4). The NATO military action clearly violates these treaties,
particularly since there were no credible attempts to pursue amicable
methods of settling the dispute.
Furthermore, the very agreement under which NATO is constituted was
breached. NATO is a defensive arrangement where military action is
authorized only if a member country is the victim of aggression.
Clearly, there was no aggressive use of force by Yugoslavia against a
NATO country in this case. Rather, the military action was a coercive
measure. It defies reason to think that the killing of innocent people
and the destruction of their property can be a legitimate tool in
international affairs. What NATO has done is to commit an international
crime against a group of innocent people.
More tragically, Canada and other NATO countries have legitimized the
universally condemned principle that "Might is Right".