A resolution of the Assembly and a process in its Committee on Legal
Affairs and Human Rights have been initiated in the last
week session by a group of CPRF deputies, joined by their
colleagues of the Left from other six countries.
Parliamentary Assembly of the Council of
Europe<?xml:namespace prefix = o ns =
"urn:schemas-microsoft-com:office:office" />
Violations of Law in the Case of
Slobodan Milosevic
24 January 2002
Motion for the resolution
presented by Mr. Zyuganov and others
1. The Assembly notes that new facts have emerged concerning
the involvement of Osama bin Laden, leader of the Al
Qaeda terrorist organisation, in supporting the so-called
Kosovo Liberation Army. This evidence proves the KLA was part
of the international terrorist network. This in turn makes it
possible to assess the nature of the conflict in Kosovo in
1998-1999 differently, proving that the aim of the Yugoslav
leadership was not to suppress a liberation movement but to fight
armed separatism and international terrorism.
2. Slobodan Milosevic was arrested on 31 March 2001. But an
investigation by the Yugoslav authorities, which lasted three
months, resulted only in an accusation of "abuse of position."
3. The transfer of Mr. Milosevic from Belgrade to The Hague in
June 2001 at the demand of the International Criminal
Tribunal for Yugoslavia (ICTY) was carried out in gross
violation of the Yugoslav Constitution. This was confirmed by the
Yugoslav Constitutional Court decision of 6 November 2001. Thus
the unlawful transfer of Mr. Milosevic to The Hague may
be considered kidnapping.
4. As a result of the kidnapping of Mr. Milosevic, the Yugoslav
State was denied the right to a court examination of the
accusations leveled against the former head of state, while Mr.
Milosevic was deprived of the right to defend himself against
those accusations.
5. The ICTY was created by a decision of the UN Security
Council. However the UN Charter does not permit the UNSC
to create judicial bodies. Thus the legitimacy of the ICTY is
highly questionable.
6. A group of independent lawyers has submitted a complaint to
the European Court for Human Rights in connection with the
flagrant violations of law in the ?Milosevic case?. However the
ICTY authorities prevent free and unmonitored
communication between Mr. Milosevic and his lawyers. This
violates the generally recognised norms of human rights.
7. During Mr. Milosevic?s detention in Holland his rights have
been notably violated by the 24 hour a day illumination of his
cell and by monitoring him 24 hours a day, using video and
infrared equipment.
8. The Assembly calls on the Dutch and Yugoslav authorities as
well as the ICTY to work for the return of Mr. Milosevic to
Yugoslavia. That would help end the violation of law caused by
his transfer to Holland. It would enable Yugoslavia to
exercise its right for a court trial of Mr. Milosevic and it
would allow Mr. Milosevic to exercise his right to defend himself.
Until then the Assembly calls on the ICTY to ensure that the
conditions of Mr. Milosevic's detention in the UN Detention
Center conform to the generally accepted norms of human rights.
Signed
Christodoulides Doris (Cyprus), Carvalho Lino (Portugal),
Churkin Guennady, Gamzatova Hapisat, Gostev Ruslan,
Melnikov Ivan, Zyuganov Gennady, Shaklein Nickolay, Bakulin
Vladimir (Russia), Marmazov Yevhen, Oliynyk Boris,
Pakhansky Anatoly (Ukraine), Kanelli Liana (Greece), Neguta
Andrei (Moldova), Manukyan Yuri (Armenia)
Committee on Legal Affairs and Human Rights
Parliamentary Assembly of the Council of Europe
24 January 2002
On Violations of Law
in the Case of Slobodan Milosevic
Dear Colleagues,
Recently new facts have emerged concerning the involvement of
Osama bin Laden, leader of the Al Qaeda terrorist
organisation, in supporting the so-called Kosovo Liberation
Army. This evidence proves the KLA was part of the
international terrorist network. This in turn makes it possible
to assess the nature of the conflict in Kosovo in 1998-1999
differently, proving that the aim of the Yugoslav leadership
was not to suppress a liberation movement but to fight armed
separatism and international terrorism.
It is necessary to note that former FRY President Slobodan
Milosevic was arrested on 31 March 2001. But an investigation
by the Yugoslav authorities, which lasted three months,
resulted only in an accusation of "abuse of position."
Later in June 2001 Mr. Milosevic was transferred from Belgrade
to The Hague at the demand of the International Criminal
Tribunal for Yugoslavia (ICTY). But it was carried out in gross
violation of the Yugoslav Constitution. This was confirmed by
the Yugoslav Constitutional Court decision of 6 November 2001.
Thus the unlawful transfer of Mr. Milosevic to The Hague
may be considered kidnapping.
As a result of the kidnapping of Mr. Milosevic, the Yugoslav
State was denied the right to a court examination of the
accusations leveled against the former head of state, while Mr.
Milosevic was deprived of the right to defend himself against
those accusations. Furthermore many leading experts on the
international law believe that the ICTY created by a decision of
the UN Security Council is illegitimate, as the UN Charter does
not permit the UNSC to create judicial bodies.
A group of independent lawyers has submitted a complaint to the
European Court for Human Rights in connection with the
flagrant violations of law in the ?Milosevic case?. However the
ICTY authorities prevent free and unmonitored
communication between Mr. Milosevic and his lawyers. This
violates the generally recognised norms of human rights. During
Mr. Milosevic?s detention in Holland his rights have been
notably violated by the 24 hour a day illumination of his cell and by
monitoring him 24 hours a day, using video and infrared
equipment.
We are calling on the PACE Committee on Legal Affairs and Human
Rights to investigate the mentioned violations on
international and national law in the "Milosevic case" and
facilitate the return of Mr. Milosevic to Yugoslavia. That would help
end the violation of law caused by his transfer to Holland. It
would enable Yugoslavia to exercise its right for a court trial of
Mr. Milosevic and it would allow Mr. Milosevic to exercise his
right to defend himself.
Signed
Christodoulides Doris (Cyprus), Carvalho Lino (Portugal),
Churkin Guennady, Gamzatova Hapisat, Gostev Ruslan,
Melnikov Ivan, Zyuganov Gennady, Shaklein Nickolay, Bakulin
Vladimir (Russia), Marmazov Yevhen, Oliynyk Boris,
Pakhansky Anatoly (Ukraine), Kanelli Liana (Greece), Neguta
Andrei (Moldova), Manukyan Yuri (Armenia)
To join or help this struggle, visit:
http://www.sps.org.yu/ (official SPS website)
http://www.belgrade-forum.org/ (forum for the world of equals)
http://www.icdsm.org/ (the international committee to defend
Slobodan Milosevic)
http://www.jutarnje.co.yu/ ('morning news' the only Serbian
newspaper advocating liberation)
Affairs and Human Rights have been initiated in the last
week session by a group of CPRF deputies, joined by their
colleagues of the Left from other six countries.
Parliamentary Assembly of the Council of
Europe<?xml:namespace prefix = o ns =
"urn:schemas-microsoft-com:office:office" />
Violations of Law in the Case of
Slobodan Milosevic
24 January 2002
Motion for the resolution
presented by Mr. Zyuganov and others
1. The Assembly notes that new facts have emerged concerning
the involvement of Osama bin Laden, leader of the Al
Qaeda terrorist organisation, in supporting the so-called
Kosovo Liberation Army. This evidence proves the KLA was part
of the international terrorist network. This in turn makes it
possible to assess the nature of the conflict in Kosovo in
1998-1999 differently, proving that the aim of the Yugoslav
leadership was not to suppress a liberation movement but to fight
armed separatism and international terrorism.
2. Slobodan Milosevic was arrested on 31 March 2001. But an
investigation by the Yugoslav authorities, which lasted three
months, resulted only in an accusation of "abuse of position."
3. The transfer of Mr. Milosevic from Belgrade to The Hague in
June 2001 at the demand of the International Criminal
Tribunal for Yugoslavia (ICTY) was carried out in gross
violation of the Yugoslav Constitution. This was confirmed by the
Yugoslav Constitutional Court decision of 6 November 2001. Thus
the unlawful transfer of Mr. Milosevic to The Hague may
be considered kidnapping.
4. As a result of the kidnapping of Mr. Milosevic, the Yugoslav
State was denied the right to a court examination of the
accusations leveled against the former head of state, while Mr.
Milosevic was deprived of the right to defend himself against
those accusations.
5. The ICTY was created by a decision of the UN Security
Council. However the UN Charter does not permit the UNSC
to create judicial bodies. Thus the legitimacy of the ICTY is
highly questionable.
6. A group of independent lawyers has submitted a complaint to
the European Court for Human Rights in connection with the
flagrant violations of law in the ?Milosevic case?. However the
ICTY authorities prevent free and unmonitored
communication between Mr. Milosevic and his lawyers. This
violates the generally recognised norms of human rights.
7. During Mr. Milosevic?s detention in Holland his rights have
been notably violated by the 24 hour a day illumination of his
cell and by monitoring him 24 hours a day, using video and
infrared equipment.
8. The Assembly calls on the Dutch and Yugoslav authorities as
well as the ICTY to work for the return of Mr. Milosevic to
Yugoslavia. That would help end the violation of law caused by
his transfer to Holland. It would enable Yugoslavia to
exercise its right for a court trial of Mr. Milosevic and it
would allow Mr. Milosevic to exercise his right to defend himself.
Until then the Assembly calls on the ICTY to ensure that the
conditions of Mr. Milosevic's detention in the UN Detention
Center conform to the generally accepted norms of human rights.
Signed
Christodoulides Doris (Cyprus), Carvalho Lino (Portugal),
Churkin Guennady, Gamzatova Hapisat, Gostev Ruslan,
Melnikov Ivan, Zyuganov Gennady, Shaklein Nickolay, Bakulin
Vladimir (Russia), Marmazov Yevhen, Oliynyk Boris,
Pakhansky Anatoly (Ukraine), Kanelli Liana (Greece), Neguta
Andrei (Moldova), Manukyan Yuri (Armenia)
Committee on Legal Affairs and Human Rights
Parliamentary Assembly of the Council of Europe
24 January 2002
On Violations of Law
in the Case of Slobodan Milosevic
Dear Colleagues,
Recently new facts have emerged concerning the involvement of
Osama bin Laden, leader of the Al Qaeda terrorist
organisation, in supporting the so-called Kosovo Liberation
Army. This evidence proves the KLA was part of the
international terrorist network. This in turn makes it possible
to assess the nature of the conflict in Kosovo in 1998-1999
differently, proving that the aim of the Yugoslav leadership
was not to suppress a liberation movement but to fight armed
separatism and international terrorism.
It is necessary to note that former FRY President Slobodan
Milosevic was arrested on 31 March 2001. But an investigation
by the Yugoslav authorities, which lasted three months,
resulted only in an accusation of "abuse of position."
Later in June 2001 Mr. Milosevic was transferred from Belgrade
to The Hague at the demand of the International Criminal
Tribunal for Yugoslavia (ICTY). But it was carried out in gross
violation of the Yugoslav Constitution. This was confirmed by
the Yugoslav Constitutional Court decision of 6 November 2001.
Thus the unlawful transfer of Mr. Milosevic to The Hague
may be considered kidnapping.
As a result of the kidnapping of Mr. Milosevic, the Yugoslav
State was denied the right to a court examination of the
accusations leveled against the former head of state, while Mr.
Milosevic was deprived of the right to defend himself against
those accusations. Furthermore many leading experts on the
international law believe that the ICTY created by a decision of
the UN Security Council is illegitimate, as the UN Charter does
not permit the UNSC to create judicial bodies.
A group of independent lawyers has submitted a complaint to the
European Court for Human Rights in connection with the
flagrant violations of law in the ?Milosevic case?. However the
ICTY authorities prevent free and unmonitored
communication between Mr. Milosevic and his lawyers. This
violates the generally recognised norms of human rights. During
Mr. Milosevic?s detention in Holland his rights have been
notably violated by the 24 hour a day illumination of his cell and by
monitoring him 24 hours a day, using video and infrared
equipment.
We are calling on the PACE Committee on Legal Affairs and Human
Rights to investigate the mentioned violations on
international and national law in the "Milosevic case" and
facilitate the return of Mr. Milosevic to Yugoslavia. That would help
end the violation of law caused by his transfer to Holland. It
would enable Yugoslavia to exercise its right for a court trial of
Mr. Milosevic and it would allow Mr. Milosevic to exercise his
right to defend himself.
Signed
Christodoulides Doris (Cyprus), Carvalho Lino (Portugal),
Churkin Guennady, Gamzatova Hapisat, Gostev Ruslan,
Melnikov Ivan, Zyuganov Gennady, Shaklein Nickolay, Bakulin
Vladimir (Russia), Marmazov Yevhen, Oliynyk Boris,
Pakhansky Anatoly (Ukraine), Kanelli Liana (Greece), Neguta
Andrei (Moldova), Manukyan Yuri (Armenia)
To join or help this struggle, visit:
http://www.sps.org.yu/ (official SPS website)
http://www.belgrade-forum.org/ (forum for the world of equals)
http://www.icdsm.org/ (the international committee to defend
Slobodan Milosevic)
http://www.jutarnje.co.yu/ ('morning news' the only Serbian
newspaper advocating liberation)