1. Exclusive: Legal Remarks of ICDSM Attorney, directly from the
Hague (SLOBODA 18/12)
2. NATO AND NATOITES ATTACK FREEDOM - actual briefs from The Hague
(SLOBODA 18/12)
3. German doctors' reply to Jorda (13/12)
4. SLOBODA Teaches ICTY President Ethics and Law (12/12)
=== 1 ===
PRELIMINARY LEGAL REMARKS OF ICDSM ATTORNEY Ms. TIPHAINE DICKSON,
PRESENT TODAY AT THE HAGUE
18 December 2002, The Hague
Earlier today, Trial Chamber III allocated a few minutes of its
timetable to summarize a decision with respect to Slobodan
Milosevic's health, trial conditions, and to rule on requests for
provisional release filed by parties.
The full ruling was unavailable to the public and the press.
On 5th and 12th of November, the ICDSM petitioned the Chamber for
urgent specialized medical attention and for the provisional release
of Slobodan Milosevic. On the basis of medical reports and
international law, we argued that the current trial conditions
constitute a threat to his life, that lack of adequate medical
attention is tantamount to torture, and requested that he be afforded
the right to urgent, specialized medical care by physicians familiar
with his history. This requires provisional release to Belgrade as
well as full convalescence.
The ICDSM further submitted that President Milosevic's fundamental
right represent himself, and to not have counsel imposed on him
creates an obligation on the Chamber to accommodate the exercise of
this right by providing conditions other than those of a grueling
trial schedule with restricted access to his legal assistants in a
prison . We provided the Chamber with a legal basis upon which to
order Slobodan Milosevic's release for the continuation of the trial
in a non-custodial setting, following full convalescence.
Chamber III has today denied provisional release, and appears, since
they affirm that they will proceed according to their "timetable", to
have denied requests for an adjournment so that President Milosevic
may obtain specialized medical evaluation and treatment. They did not
mention the ICDSM's motion or requests.
Trial Chamber III has disregarded the reasoning of their colleagues
in the Talic matter who stated:
"It would be inappropriate for this Trial Chamber to wait until
Talic is on the verge of death before considering favorably his
application for provisional release"
The ICDSM considers that it would also be "inappropriate" for the
Chamber to wait until these trial conditions cause severe cardiac
complications, stroke, or death before "considering favorably" an
application for provisional release. It is also "inappropriate" to
wait until Slobodan Milosevic is on the verge of death
before "favorably considering" a request for specialized medical
attention.
The Chamber stated that "as previously" they would deny provisional
release. Previously, that is March 6th 2002, Slobodan Milosevic's
health conditions had not deteriorated as they have in the past
months. Previously, the arguments of the court-appointed amici took
up only four transcript pages including the following remark:
"So I'm not insisting on provisional release and equality of arms, so
to speak".
The ICDSM did not consider that the matter had been previously argued
in an adequate manner. It appears from the fragment of the decision
to which the public was made privy that the Chamber has equated
previous requests with current ones. Such an interpretation would
constitute a gross misapprehension of the facts and the law.
The Chamber did however refuse to impose counsel on President
Milosevic. The ICDSM is relieved that Slobodan Milosevic's arguments
supporting his right to represent himself and not to have counsel
imposed on him have prevailed.
Another statement will follow the disclosure of the full decision.
Tiphaine Dickson
Attorney ICDSM
=== 2 ===
NATO AND NATOITES ATTACK FREEDOM
- actual briefs from The Hague -
December 18, 2002
1) Canadian lawyer Tiphaine Dickson, presently at The Hague, on
behalf of ICDSM, have not been allowed this morning to enter the
court room audience. Policeman at the entrance explained that she had
to make arrangements in advance. In principle the "trial" is open and
anyone, presenting ID, can enter the audience. They can eventually
deny entrance only if all seats are occupied. This morning there was
no queue at the entrance. After her telephone appeal and telephone
appeal from SLOBODA, ICTY stuff promised that she will be let in. We
expect new information.
2) Up to this moment, despite many appeals and request of President
Milosevic, ICDSM delegation have not yet got the "tribunal"'s
approval to meet the President.
3) While we write this, "tribunal" is still dealing with one of
their "witnesses" - former Mayor of Dubrovnik. Not yet
with "administrative" issues. They don't care about the human life,
or more precisely, they used to destroy human lives. They also don't
care about people of Serbia and Yugoslavia, about Yugoslav and
Russian Parliaments, about parties, organizations, medical doctors,
university professors, lawyers and many other from all over the world
appealing. They think they are above the law. But they are not.
4) One of the biggest insults to the law and to even common sense is
parallely taking place at The Hague these days. Brutal murderer
Madeleine Albright, holocaust-profiteer Eli Vizel and couple of other
criminal actors appeared in a necrophilic show around Biljana
Plavsic's "admission of guilt". With absolutely no trace of law, this
show exposed the essence of ICTY in a way that everyone who still has
any illusions about the NATO puppet "court" should not only abandon
illusions, but should join the struggle against this modern
inquisition and civilizational outrage.
5) In denying the permission for the visit, "tribunal" mentioned
ICDSM web site and doubts that delegation may address the press. So,
as we all know, fear from the truth is their principal fear.
6) One can illustrate their panic and attempt to shake the
determination and unity of the people and ICDSM with the outrageous
anonymous e-mail spaming campaign on the eve of the visit, containing
attack on two leading ICDSM personalities, Jared Israel and Nico
Varkevisser. Accusing them of being US/Israeli agents using as
argument a pamphlet from a Saudi Arabian newspaper clearly shows the
background of the attack and the kitchen. It is unnecessary to
present counter arguments to any progressive person on these two
brilliant leftist writers, analysts and activists. Who made more
exposure and wrote more based-on-facts articles on Nazi-type
antiserbian propaganda than Jared Israel? Who is for years focus of
defense of Cuba and Yugoslavia in The Netherlands but Nico
Varkevisser, decorated with a medal of honor by Fidel Castro in
person? Who never had doubts that struggle of President Milosevic is
crucial for the defense of all peoples? But it is also clear in whose
interest is to launch false attacks on these men. In the interest of
the New Nazis and their Gestapo at the Hague.
7) Remember the following: 'The sanctions against [people of]
Yugoslavia will go on "because the crisis (...) with respect to
Slobodan Miloševic, his close associates and supporters
(...)" /George W. Bush, Presidential Notice, May 27, 2002/'
8) ACT IN FULL POWER TO PROTECT THE LIFE OF SLOBODAN MILOSEVIC, THE
MAN WHO DEFENDS OUR FREEDOM, OUR RIGHTS AND OUR HOPES!
Vladimir Krsljanin
International Secretary, SPS
International Coordinator, Sloboda
Yugoslav Coordinator, ICDSM
=== 3 ===
German physicians, some of them members of Nobel Peace Prize winning
organization IPPNW addressed the Hague Tribunal with a demand that
President Milosevic should be immediatelly set free to get medical
cure in Yugoslavia and than to defend himself as a free man. After
unbelievable long time for a human life at stake urgency, they
received an unblievable respond from ICTY President Claude Jorda.
Here is their reply:
----------------------------------------------------------------------
----------
Initiative of Physicians and Therapists Practizing in Germany
Matthias Jochheim, Dr. med. Uta Mader, Prof. Dr. med. habil. Ilse
Eisen-Hagemann, Dr. phil. Hans-Peter Brenner, Prof. Dr. med. habil.
Ingeborg Rapoport, Prof. Dr. med. Dr. phil. Dr. hc. mult. Samuel
Mitja Rapoport, Dr. med. Christa Anders, Dr. med. Ernst Bellmer, Dr.
med. Iris Jonkanski, Dr. med. Wolfgang Hühn
To Mr. Claude Jorda
and to the attention of
Mr. Richard May, Mr. Steven Kay, Mr. Branislav Tapuskovic
ICTY The Hague
December 13, 2002
Live and health of Slobodan Milosevic need consequent measures
immediately
Dear Mr. Jorda,
Thank you for your letter of November 27, 2002, received by
facsimile on November 29, 2002, by which you responded to our letter
of November 8, 2002.
Despite your claim that according to the Tribunal Rules you are not
responsible for the above mentioned subject, it is undisputable that
a serious damage to the health of Slobodan Milosevic or even his
death under the auspices of the Tribunal would be unavoidably seen as
responsibility of the institution, for which you in your function
carry the biggest and in the last instance decision making
responsibility.
In your November 27, 2002 letter of response, you try to diminish our
concern about life and health of Slobodan Milosevic with the remark,
that he receives good and highly qualified medical treatment by the
medical staff of the prison. This argument is not convincing from our
perspective for the following reasons:
The „medical staff“, which is responsible for all prisoners, co=
nsist
of only one doctor and one nurse.
The doctor is not a specialist for Mr. Milosevic's illness.
The good and highly qualified treatment consist of just one weekly
visit by the doctor. Neither an intensive, special examination nor
the necessary therapy are taking place.
Therefore, our conclusions from November 8, 2002 letter, that Mr.
Milosevic is getting no permanent medical control and observation and
no necessary treatment, remain.
Our expressed concerns were increased by a report of NRC Handelsblad
and the news agency Reuters of November 23, 2002 as well as press
reports by Frankfurter Allgemeine Zeitung and Stuttgarter Zeitung of
November 25, 2002. They state that Slobodan Milosevic receives for a
longer period of time not just inefficient, but contraindicated
medication, namely blood pressure increasing medication.
How such situation could be in accordance with the alleged high
quality of medical treatment, we do not want to comment. But we
emphasize that this would be an unbelievable scandal which would pass
over any level of tolerance for all those who in their practice have
duty to feel obliged to the Hippocrates Oath.
Upon the order of the responsible Trial Chamber on November 15, 2002
a first examination by a Dutch specialist took place. He stated in
his report, that with appropriate medication the risk of death can be
reduced by 11%. We ask for your understanding that we strongly deny
calculations like that as basis of further procedure.
We strongly condemn the attempt of the Prosecution to use the
threatened health situation of Slobodan Milosevic as a pretext and
occasion to deny him his right to defend himself in person.
The attempt to force upon an „assigned counsel“ is not only vio=
lating
the law, it also contains the danger of producing counterproductive
effects on Mr. Milosevic's state of health: The enforcement of an
assigned counsel against the stated will of the defendant would not
lead to improvement and easement of the situation, but would increase
the stress and the mental burden and by that would also increase the
risk. That proposal of the Prosecution is counterproductive from the
medical point of view, and contraindicated.
The whole situation leads us to reinforce our demands, that Slobodan
Milosevic has to be released immediately from the heath- and life-
threatening situation and set free in order to get the long time
needed therapy by his own specialists in Belgrade. After that, he -
with appropriate guaranties - should be able to defend himself from
freedom against the charges raised.
We support explicitly the proposals filed in that sense by the Amici
Curiae.
Dear Mr. Jorda,
We ask you to take these urgently required measures and to secure by
that effectiveness of the United Nations regulations concerning the
treatment of prisoners.
On instruction of the Initiative,
Dr. med. Uta Mader
(Köln), physician
International Physicians for the Prevention of Nuclear War (IPPNW) -
German Section;
Union of Democratic Physicians (Verein der demokratischen Ärztinnen
und Ärzte)
=== 4 ===
Mr. Claude Jorda,
President
ICTY
The Hague
The Netherlands
Esteemed Mr. Jorda,
We have received with great dissatisfaction and embitterment your
reply to
our October 13 letter. With regret we note your apparent
unwillingness to
see the seriousness of the problem we have drawn your attention to.
That way
you may become accomplice in the crime being committed against
President
Milosevic under the auspices of the tribunal you preside. We hope we
shouldn't remind you that as President, you are the most responsible
for the
legality of the ICTY works.
The basic principle of the criminal law endorses that an ill man can
not be
put on trial. President Milosevic is having a serious heart condition
and
his state of health is being ruined on a daily basis by the way the
process
is being conducted, with hundreds of thousands pages of documents and
more
than a thousand of tapes submitted by the prosecution, with no
condition to
prepare for facing hundreds of irrelevant or false witnesses sent by
the
prosecution. With the lack of basic living conditions, such as the
possibility to breathe fresh air, to have regular meals and regular
and
sufficient sleep, it becomes completely clear which factors cause the
deterioration of the President Milosevic's health.
Regarding your reference to the Trial Chamber III March 6 decision on
provisional release, implying perhaps that the issue can not be
discussed
again, we are obliged to underline again that President Milosevic's
state of
health seriously deteriorated exactly since that time. For the reason
of his
illness the proceedings had to be suspended several times. These are
the
facts that must be taken into consideration.
We are also obliged to point the untruthfulness of your claim that
President
Slobodan Milosevic receives "close medical attention of a high
quality". As
a matter of fact, the truth is quite the opposite - he receives
practically
no medical care, especially not of the high quality, unless you
consider
appropriate for a person with serious heart condition to be seen only
once
in a week, and not by a cardiologist, but by an ordinary doctor, who
only
checks his blood pressure. In that sense we recall once again the
First
Principle of Medical Ethics from the UN General Assembly Resolution
No.
37/194 of December 18, 1982, which says: "Health personnel,
particularly
physicians, charged with the medical care of prisoners and detainees,
have a
duty to provide them with protection of their physical and mental
health and
treatment of disease of the same quality and standard as is afforded
to
those who are not imprisoned or detained." The same is stipulated by
the
Article 6 of the Code of Conduct for Law Enforcement Officials (UN
General
Assembly Resolution 34/169 of December 17, 1979) provisions of which
established the obligations for you as President of ICTY. Besides, the
provisions of the World Medical Association Declaration on the Rights
of the
Patient (Lisbon, 1981; Bali, 1995) guarantee the right of every person
without discrimination to "choose freely and change his/her physician
and
hospital or health service institution" (Principle 2). The will of
President
Slobodan Milosevic is to be treated by Yugoslav doctors and
institutions, so
you are obliged to enable with that by deciding that he has to be
cured in
Yugoslavia.
We request once again your immediate decision that President Slobodan
Milosevic has to be cured in Yugoslavia. Any other decision will bear
direct
responsibility for imperiling his life.
If there wouldn't be appropriate decision of your side in the
following
days, we will be, with regret, forced to make further moves, but this
time
towards the international and French bodies in charge of human rights
protection and lawyers' ethics. This will be followed by activating
all
legal means to stop the crime and protect rights of President
Milosevic.
Belgrade, December 12, 2002
On behalf of the Freedom Association
Bogoljub Bjelica, President
=== * ===
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
Hague (SLOBODA 18/12)
2. NATO AND NATOITES ATTACK FREEDOM - actual briefs from The Hague
(SLOBODA 18/12)
3. German doctors' reply to Jorda (13/12)
4. SLOBODA Teaches ICTY President Ethics and Law (12/12)
=== 1 ===
PRELIMINARY LEGAL REMARKS OF ICDSM ATTORNEY Ms. TIPHAINE DICKSON,
PRESENT TODAY AT THE HAGUE
18 December 2002, The Hague
Earlier today, Trial Chamber III allocated a few minutes of its
timetable to summarize a decision with respect to Slobodan
Milosevic's health, trial conditions, and to rule on requests for
provisional release filed by parties.
The full ruling was unavailable to the public and the press.
On 5th and 12th of November, the ICDSM petitioned the Chamber for
urgent specialized medical attention and for the provisional release
of Slobodan Milosevic. On the basis of medical reports and
international law, we argued that the current trial conditions
constitute a threat to his life, that lack of adequate medical
attention is tantamount to torture, and requested that he be afforded
the right to urgent, specialized medical care by physicians familiar
with his history. This requires provisional release to Belgrade as
well as full convalescence.
The ICDSM further submitted that President Milosevic's fundamental
right represent himself, and to not have counsel imposed on him
creates an obligation on the Chamber to accommodate the exercise of
this right by providing conditions other than those of a grueling
trial schedule with restricted access to his legal assistants in a
prison . We provided the Chamber with a legal basis upon which to
order Slobodan Milosevic's release for the continuation of the trial
in a non-custodial setting, following full convalescence.
Chamber III has today denied provisional release, and appears, since
they affirm that they will proceed according to their "timetable", to
have denied requests for an adjournment so that President Milosevic
may obtain specialized medical evaluation and treatment. They did not
mention the ICDSM's motion or requests.
Trial Chamber III has disregarded the reasoning of their colleagues
in the Talic matter who stated:
"It would be inappropriate for this Trial Chamber to wait until
Talic is on the verge of death before considering favorably his
application for provisional release"
The ICDSM considers that it would also be "inappropriate" for the
Chamber to wait until these trial conditions cause severe cardiac
complications, stroke, or death before "considering favorably" an
application for provisional release. It is also "inappropriate" to
wait until Slobodan Milosevic is on the verge of death
before "favorably considering" a request for specialized medical
attention.
The Chamber stated that "as previously" they would deny provisional
release. Previously, that is March 6th 2002, Slobodan Milosevic's
health conditions had not deteriorated as they have in the past
months. Previously, the arguments of the court-appointed amici took
up only four transcript pages including the following remark:
"So I'm not insisting on provisional release and equality of arms, so
to speak".
The ICDSM did not consider that the matter had been previously argued
in an adequate manner. It appears from the fragment of the decision
to which the public was made privy that the Chamber has equated
previous requests with current ones. Such an interpretation would
constitute a gross misapprehension of the facts and the law.
The Chamber did however refuse to impose counsel on President
Milosevic. The ICDSM is relieved that Slobodan Milosevic's arguments
supporting his right to represent himself and not to have counsel
imposed on him have prevailed.
Another statement will follow the disclosure of the full decision.
Tiphaine Dickson
Attorney ICDSM
=== 2 ===
NATO AND NATOITES ATTACK FREEDOM
- actual briefs from The Hague -
December 18, 2002
1) Canadian lawyer Tiphaine Dickson, presently at The Hague, on
behalf of ICDSM, have not been allowed this morning to enter the
court room audience. Policeman at the entrance explained that she had
to make arrangements in advance. In principle the "trial" is open and
anyone, presenting ID, can enter the audience. They can eventually
deny entrance only if all seats are occupied. This morning there was
no queue at the entrance. After her telephone appeal and telephone
appeal from SLOBODA, ICTY stuff promised that she will be let in. We
expect new information.
2) Up to this moment, despite many appeals and request of President
Milosevic, ICDSM delegation have not yet got the "tribunal"'s
approval to meet the President.
3) While we write this, "tribunal" is still dealing with one of
their "witnesses" - former Mayor of Dubrovnik. Not yet
with "administrative" issues. They don't care about the human life,
or more precisely, they used to destroy human lives. They also don't
care about people of Serbia and Yugoslavia, about Yugoslav and
Russian Parliaments, about parties, organizations, medical doctors,
university professors, lawyers and many other from all over the world
appealing. They think they are above the law. But they are not.
4) One of the biggest insults to the law and to even common sense is
parallely taking place at The Hague these days. Brutal murderer
Madeleine Albright, holocaust-profiteer Eli Vizel and couple of other
criminal actors appeared in a necrophilic show around Biljana
Plavsic's "admission of guilt". With absolutely no trace of law, this
show exposed the essence of ICTY in a way that everyone who still has
any illusions about the NATO puppet "court" should not only abandon
illusions, but should join the struggle against this modern
inquisition and civilizational outrage.
5) In denying the permission for the visit, "tribunal" mentioned
ICDSM web site and doubts that delegation may address the press. So,
as we all know, fear from the truth is their principal fear.
6) One can illustrate their panic and attempt to shake the
determination and unity of the people and ICDSM with the outrageous
anonymous e-mail spaming campaign on the eve of the visit, containing
attack on two leading ICDSM personalities, Jared Israel and Nico
Varkevisser. Accusing them of being US/Israeli agents using as
argument a pamphlet from a Saudi Arabian newspaper clearly shows the
background of the attack and the kitchen. It is unnecessary to
present counter arguments to any progressive person on these two
brilliant leftist writers, analysts and activists. Who made more
exposure and wrote more based-on-facts articles on Nazi-type
antiserbian propaganda than Jared Israel? Who is for years focus of
defense of Cuba and Yugoslavia in The Netherlands but Nico
Varkevisser, decorated with a medal of honor by Fidel Castro in
person? Who never had doubts that struggle of President Milosevic is
crucial for the defense of all peoples? But it is also clear in whose
interest is to launch false attacks on these men. In the interest of
the New Nazis and their Gestapo at the Hague.
7) Remember the following: 'The sanctions against [people of]
Yugoslavia will go on "because the crisis (...) with respect to
Slobodan Miloševic, his close associates and supporters
(...)" /George W. Bush, Presidential Notice, May 27, 2002/'
8) ACT IN FULL POWER TO PROTECT THE LIFE OF SLOBODAN MILOSEVIC, THE
MAN WHO DEFENDS OUR FREEDOM, OUR RIGHTS AND OUR HOPES!
Vladimir Krsljanin
International Secretary, SPS
International Coordinator, Sloboda
Yugoslav Coordinator, ICDSM
=== 3 ===
German physicians, some of them members of Nobel Peace Prize winning
organization IPPNW addressed the Hague Tribunal with a demand that
President Milosevic should be immediatelly set free to get medical
cure in Yugoslavia and than to defend himself as a free man. After
unbelievable long time for a human life at stake urgency, they
received an unblievable respond from ICTY President Claude Jorda.
Here is their reply:
----------------------------------------------------------------------
----------
Initiative of Physicians and Therapists Practizing in Germany
Matthias Jochheim, Dr. med. Uta Mader, Prof. Dr. med. habil. Ilse
Eisen-Hagemann, Dr. phil. Hans-Peter Brenner, Prof. Dr. med. habil.
Ingeborg Rapoport, Prof. Dr. med. Dr. phil. Dr. hc. mult. Samuel
Mitja Rapoport, Dr. med. Christa Anders, Dr. med. Ernst Bellmer, Dr.
med. Iris Jonkanski, Dr. med. Wolfgang Hühn
To Mr. Claude Jorda
and to the attention of
Mr. Richard May, Mr. Steven Kay, Mr. Branislav Tapuskovic
ICTY The Hague
December 13, 2002
Live and health of Slobodan Milosevic need consequent measures
immediately
Dear Mr. Jorda,
Thank you for your letter of November 27, 2002, received by
facsimile on November 29, 2002, by which you responded to our letter
of November 8, 2002.
Despite your claim that according to the Tribunal Rules you are not
responsible for the above mentioned subject, it is undisputable that
a serious damage to the health of Slobodan Milosevic or even his
death under the auspices of the Tribunal would be unavoidably seen as
responsibility of the institution, for which you in your function
carry the biggest and in the last instance decision making
responsibility.
In your November 27, 2002 letter of response, you try to diminish our
concern about life and health of Slobodan Milosevic with the remark,
that he receives good and highly qualified medical treatment by the
medical staff of the prison. This argument is not convincing from our
perspective for the following reasons:
The „medical staff“, which is responsible for all prisoners, co=
nsist
of only one doctor and one nurse.
The doctor is not a specialist for Mr. Milosevic's illness.
The good and highly qualified treatment consist of just one weekly
visit by the doctor. Neither an intensive, special examination nor
the necessary therapy are taking place.
Therefore, our conclusions from November 8, 2002 letter, that Mr.
Milosevic is getting no permanent medical control and observation and
no necessary treatment, remain.
Our expressed concerns were increased by a report of NRC Handelsblad
and the news agency Reuters of November 23, 2002 as well as press
reports by Frankfurter Allgemeine Zeitung and Stuttgarter Zeitung of
November 25, 2002. They state that Slobodan Milosevic receives for a
longer period of time not just inefficient, but contraindicated
medication, namely blood pressure increasing medication.
How such situation could be in accordance with the alleged high
quality of medical treatment, we do not want to comment. But we
emphasize that this would be an unbelievable scandal which would pass
over any level of tolerance for all those who in their practice have
duty to feel obliged to the Hippocrates Oath.
Upon the order of the responsible Trial Chamber on November 15, 2002
a first examination by a Dutch specialist took place. He stated in
his report, that with appropriate medication the risk of death can be
reduced by 11%. We ask for your understanding that we strongly deny
calculations like that as basis of further procedure.
We strongly condemn the attempt of the Prosecution to use the
threatened health situation of Slobodan Milosevic as a pretext and
occasion to deny him his right to defend himself in person.
The attempt to force upon an „assigned counsel“ is not only vio=
lating
the law, it also contains the danger of producing counterproductive
effects on Mr. Milosevic's state of health: The enforcement of an
assigned counsel against the stated will of the defendant would not
lead to improvement and easement of the situation, but would increase
the stress and the mental burden and by that would also increase the
risk. That proposal of the Prosecution is counterproductive from the
medical point of view, and contraindicated.
The whole situation leads us to reinforce our demands, that Slobodan
Milosevic has to be released immediately from the heath- and life-
threatening situation and set free in order to get the long time
needed therapy by his own specialists in Belgrade. After that, he -
with appropriate guaranties - should be able to defend himself from
freedom against the charges raised.
We support explicitly the proposals filed in that sense by the Amici
Curiae.
Dear Mr. Jorda,
We ask you to take these urgently required measures and to secure by
that effectiveness of the United Nations regulations concerning the
treatment of prisoners.
On instruction of the Initiative,
Dr. med. Uta Mader
(Köln), physician
International Physicians for the Prevention of Nuclear War (IPPNW) -
German Section;
Union of Democratic Physicians (Verein der demokratischen Ärztinnen
und Ärzte)
=== 4 ===
Mr. Claude Jorda,
President
ICTY
The Hague
The Netherlands
Esteemed Mr. Jorda,
We have received with great dissatisfaction and embitterment your
reply to
our October 13 letter. With regret we note your apparent
unwillingness to
see the seriousness of the problem we have drawn your attention to.
That way
you may become accomplice in the crime being committed against
President
Milosevic under the auspices of the tribunal you preside. We hope we
shouldn't remind you that as President, you are the most responsible
for the
legality of the ICTY works.
The basic principle of the criminal law endorses that an ill man can
not be
put on trial. President Milosevic is having a serious heart condition
and
his state of health is being ruined on a daily basis by the way the
process
is being conducted, with hundreds of thousands pages of documents and
more
than a thousand of tapes submitted by the prosecution, with no
condition to
prepare for facing hundreds of irrelevant or false witnesses sent by
the
prosecution. With the lack of basic living conditions, such as the
possibility to breathe fresh air, to have regular meals and regular
and
sufficient sleep, it becomes completely clear which factors cause the
deterioration of the President Milosevic's health.
Regarding your reference to the Trial Chamber III March 6 decision on
provisional release, implying perhaps that the issue can not be
discussed
again, we are obliged to underline again that President Milosevic's
state of
health seriously deteriorated exactly since that time. For the reason
of his
illness the proceedings had to be suspended several times. These are
the
facts that must be taken into consideration.
We are also obliged to point the untruthfulness of your claim that
President
Slobodan Milosevic receives "close medical attention of a high
quality". As
a matter of fact, the truth is quite the opposite - he receives
practically
no medical care, especially not of the high quality, unless you
consider
appropriate for a person with serious heart condition to be seen only
once
in a week, and not by a cardiologist, but by an ordinary doctor, who
only
checks his blood pressure. In that sense we recall once again the
First
Principle of Medical Ethics from the UN General Assembly Resolution
No.
37/194 of December 18, 1982, which says: "Health personnel,
particularly
physicians, charged with the medical care of prisoners and detainees,
have a
duty to provide them with protection of their physical and mental
health and
treatment of disease of the same quality and standard as is afforded
to
those who are not imprisoned or detained." The same is stipulated by
the
Article 6 of the Code of Conduct for Law Enforcement Officials (UN
General
Assembly Resolution 34/169 of December 17, 1979) provisions of which
established the obligations for you as President of ICTY. Besides, the
provisions of the World Medical Association Declaration on the Rights
of the
Patient (Lisbon, 1981; Bali, 1995) guarantee the right of every person
without discrimination to "choose freely and change his/her physician
and
hospital or health service institution" (Principle 2). The will of
President
Slobodan Milosevic is to be treated by Yugoslav doctors and
institutions, so
you are obliged to enable with that by deciding that he has to be
cured in
Yugoslavia.
We request once again your immediate decision that President Slobodan
Milosevic has to be cured in Yugoslavia. Any other decision will bear
direct
responsibility for imperiling his life.
If there wouldn't be appropriate decision of your side in the
following
days, we will be, with regret, forced to make further moves, but this
time
towards the international and French bodies in charge of human rights
protection and lawyers' ethics. This will be followed by activating
all
legal means to stop the crime and protect rights of President
Milosevic.
Belgrade, December 12, 2002
On behalf of the Freedom Association
Bogoljub Bjelica, President
=== * ===
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