Subject: New Year at The Hague: President Milosevic's wishes
Date: Tue, 31 Dec 2002 02:09:50 +0100
From: "Vladimir Krsljanin"
COURAGE, EFFICIENCY, INITIATIVE, PERSISTENCE
and happiness for your families, were the wishes of President Slobodan
Milosevic for the New Year sent to his comrades and associates from
SLOBODA/Freedom Association.
The wishes were expressed with his always vivid and sound
spirit that gives strength and self-confidence to everyone who had
luck to get in direct contact with him.
As for our concerns, they are still and extremely big. At
present, we are in uneasy struggle with absent (due to Christmas
brake) Tribunal stuff to finally get the approval for the team of
medical specialists from the Military Medical Academy in Belgrade to
go to The Hague and make necessary medical examinations of the
President's health, after the last deterioration. The original request
for this visit was sent on November 9.
Many of those who sent their written appeals to the
Tribunal receive these days replies. The lies told in these replies
about the medical care provided to President Milosevic should be
exposed.
Pressure should also concentrate on UN High Commissioner
for Human Rights in Geneva, who should react immediately and soundly
on human rights violations within the UN system.
Weekends and long holidays are the time when we all
particularly worry. One can not forget that Dr Milan Kovacevic,
Jasenovac survivor, with known heart disease, died at The Hague in a
weekend night, after hours of agony, with no one even attempted to
help. Here are few lines from BBC News report of August 1, 1998:
"...tribunal spokesman Christian Chartier denied that the
tribunal was lax in its care or surveillance of jailed suspects. He
said it recognised the stress they were under, and said that Dr
Kovacevic had been under regular care by a heart specialist. (...)
The [defense] legal team also argued that their client
should be released because he was suffering from a life threatening
heart condition. "
Does this sound familiar?
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RECENT INTERNATIONAL REACTIONS AND APPEALS
1. International Action Center, New York
2. German Communist Party
3. A Slovenian MP at WEU Parliamentary Assembly
4. New Worker on the London support meeting
5. Journal of the Dutch Bar Association on the process
6. CANA London
7. Reactions on a Guardian article on The Hague process
8. A Column from Antiwar.com
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1. International Action Center, New York
Free Slobodan Milosevic!
The International Action Center demands the immediate
release of former Yugoslav President Slobodan Milosevic
from detention in NATO's maximum-security prison near The
Hague in the Netherlands.
Milosevic was kidnapped and transported from his homeland
to stand trial for alleged war crimes during NATO's wars
on the Balkans. He's been representing himself since
mid-February at The Hague, where the U.S.-funded pro-NATO
International Criminal Tribunal for the Former Yugoslavia
sits.
The former president has defiantly refused to recognize
the authority of a court that was illegally
established--international war crimes tribunals can be
constituted only by treaty among nations--and is waging a
strong political and legal defense, often turning the
tables on pro-NATO prosecutors.
Milosevic, who suffers from cardiovascular illness, has
been conducting a convincing defense, but his life is
being endangered. Exhausting, all-day court sessions, and
the lack of specialized medical care, has worsened his
health, in addition to the repressive conditions of his
incarceration. The NATO prison has, in fact, already
caused the deaths of inmates through inhumane treatment
and lack of proper medical care.
Milosevic was president of the Federal Republic of
Yugoslavia (FRY) in 1999 when that country heroically
attempted to resist the latest imperialist aggression in
the region on behalf of big business. The FRY was the
last remaining obstacle to total re-colonization of the
Balkans.
The 78-day terror bombing unleashed against the FRY
deliberately targeted not only the Yugoslav military but
also bridges, life-sustaining infrastructure and
civilians. Thousands perished in the high-tech pounding.
Whole industries, hospitals, schools and other
institutions vital to life were devastated. The Chinese
Embassy was purposely attacked, as was Radio-TV Serbia and
Novi Sad TV. All were occupied at the time.
Since 1991, when the Clinton White House and the U.S.
Congress instigated civil war in the Balkans, tens of
thousands have perished. Multi-national unity has been
ripped apart for capitalist exploitation, neo-colonial
plunder and NATO's expansion east.
The U.S.-led NATO alliance now needs scapegoats and show
trials to justify their murderous aggression on
Yugoslavia. The Hague tribunal was established to deflect
attention from the fact that Washington and its NATO
allies are the real war criminals in the Balkans--not
Slobodan Milosevic who, as the symbol of resistance, was
first demonized and then abducted to stand trial.
Ever wonder what became of the "mass graves" that NATO
used to justify the bombing of Yugoslavia and occupation
of Kosovo?
Milosevic has been forced to work under harsh conditions.
But he has still succeeded in turning the show trial into
an expose of NATO's crimes against Yugoslavia-crimes
against humanity and crimes against peace.
The International Action Center joins other organizations
and individuals worldwide in demanding in one voice that
Slobodan Milosevic be immediately released.
Solidarity and support comes from the Baghdad Conference
of May 7-9, 2002; May 17-19, 2002 European Peace Forum;
Dec. 11, 2002 Declaration of the State Duma of the Federal
Assembly of the Russian Federation; 10,000 protesters at
the Nov.19, 2002 demonstration in Belgrade, the Yugoslav
capital; doctors' organizations in Germany; and members of
the International Committee for the Defense of Slobodan
Milosevic.
Free Milosevic now! Abolish NATO!
International Action Center
December 17, 2002
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2. German Communist Party
FOR THE ABOLITION OF THE "HAGUE TRIBUNAL" -
FOR THE IMMEDIATE RELEASE OF SLOBODAN MILOSEVIC!
(Resolution adopted by the16th Congress of the German Communist Party
(DKP)
in Duesseldorf, December 1st, 2002)
The German Communist Party demands the immediate abolition of the
so-called "tribunal" for the former Yugoslavia.
This "tribunal" was created by an unauthorized organ - UN Security
Council, in violation of the UN Chapter. It is not a legal
institution, but the continuation of the NATO aggression, poorly
camouflaged with pseudo-juridical requisites. Its purpose is not only
to fabricate false legitimacy for the illegal NATO-war, but also to
prepare new wars. The US at the same time negates the jurisdiction of
the legally founded International Criminal Court, announcing even the
military intervention in The Netherlands if a US citizen would be
brought before the ICC, presses Yugoslavia to cooperate with the NATO
court martial and threatens to establish another ad-hoc-tribunal in
the case of Iraq.
By his sovereign appearance at The Hague, Slobodan Milosevic produced
a fiasco for the NATO prosecutor. Since the "tribunal" cannot defeat
Slobodan Milosevic by "legal" means, it tries to threaten his health
and life by inhuman court and prison conditions. We support the appeal
of German and international physicians that Slobodan Milosevic has to
be released in order to get adequate therapy in Yugoslavia by the
doctors who took care about his health for years.
After, at the beginning of the "trial" even mainstream journalists had
to draw parallels with the German fascist Reichstag-fire trial against
Georgi Dimitrov, there is media silence about The Hague process now.
The many years of media demonization of Slobodan Milosevic was part of
war propaganda.
Today, Slobodan Milosevic is the highest ranking political prisoner of
NATO and as such he deserves solidarity of all anti-imperialist
forces.
The German Communist Party supports the struggle of Slobodan Milosevic
and the Socialist Party of Serbia against the "tribunal" of NATO
criminals.
The NATO aggressors have to be put on trial, Yugoslavia needs to get
comprehensive reparations for war damages!
We demand the immediate abolition of the "Hague Tribunal" and the
immediate release of Slobodan Milosevic and of all prisoners of the
illegal "Tribunal"!
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3. A Slovenian MP at WEU Parliamentary Assembly
Mr. Zmago Jelincic, president of the Slovenian National Party put two
unpleasant questions to the leading representatives of NATO. The
answers were without answer. But the questions become the main subject
of discussion in the couloirs during the whole session. We quote the
questions from the official transcript.
ASSEMBLY OF WESTERN EUROPEAN UNION
THE INTERIM EUROPEAN SECURITY AND DEFENCE ASSEMBLY
FORTY-EIGHTH ORDINARY SESSION, Paris, 2-4 December 2002
Mr Antonio MARTINS DA CRUZ, Minister for Foreign Affairs of Portugal,
Chairman-in-Office of the WEU Council
Mr. JELINCIC: Portugal is soon to lead the Organisation for Security
and Cooperation in Europe, and because it is not possible to create
stability, security and peace without discovering the reality of past
events, I should like to put the following question: The medical
condition of the former Yugoslav President, Mr. Slobodan Milosevic,
has seriously deteriorated, to the degree to which it is questionable
whether he will even survive to the end of the trial in The Hague.
Given that, we must ask ourselves what is in the best interests of
truth. Will Mr. Milosevic's death contribute to a fair trial or to
the credibility of the international court? Will he still be able to
reveal information that is crucial to the truth? I think not. With his
death, the truth will be lost. Do you not think that it would be for
the best if the Assembly appealed to the international community and
competent organisations to release Mr. Milosevic, enabling him to
receive proper medical care?
Mr Guenther ALTENBURG, NATO Assistant Secretary-General for Political
Affairs, representing Lord ROBERTSON, Secretary General
Mr. JELINCIC: On the subject of the widening of the EU and NATO, we
cannot avoid the question of security in the neighbouring countries.
The current Yugoslav Government has no trust among the
people - with justification, it would seem. Violence and criminality
in Yugoslavia are increasing day by day, and the demands of the
separatist minority parties are getting more and more recognition. On
the other hand, the government is doing nothing to establish a stable
and prosperous environment. It behaves passively, and even cooperates
with those parties. Such a situation could easily lead to further
violence, such as that caused by Albanian separatists in the
recent past. Yugoslavia in its current state cannot afford to fall
into another war, but that is bound to happen if nothing is done. Due
to its inappropriate behavior, the current government has lost the
confidence of the nation that elected it. There must be new elections
to clarify the situation. Naturally, the government will not declare
elections, so it is in the hands of responsible national organisations
to call for new elections. Do you agree that Europe should demand the
clarification of the political situation in Yugoslavia through
elections?
*********************************************
4. New Worker on the London support meeting
New Worker Online
New Worker International News - 20/12/2002
Defend the life of Slobodan Milosevic!
by Elizabeth Farrell
SLOBODAN Milosevic faces a torrent of
lies and abuse in the dock of the
so-called International War Crimes
Tribunal in The Hague. This is beginning
to seriously damage the health of the
former Yugoslav President, who had
been diagnosed with a heart condition
and suffers form very high blood
pressure. He is not only fighting for
justice, he is also fighting for his
life, warned the International Committee
to Defend Slobodan Milosevic at a
meeting in London Conway Hall last week.
Paul Davidson chaired the meeting, and
speakers included Brian Denny from
the Campaign Against Euro-Federalism,
Serbian activist Stan Gasparovski and
Christopher Black, Milosevich's legal advisor.
Denny raised his concerns about the
'Corpus Durus' system that is used in
the trial, which means that the judge
is also the prosecutor. There is no
jury, and - unlike any trial in Britain
- the defendant is guilty until
proven innocent. He also mentioned the
conditions under which Milosevic is
imprisoned.
"The days in court are long, and Milosevic
is only given a sandwich and a
bad coffee for lunch. By the time he gets
back, he has missed his evening meal."
Stan Gasparovski, who had recently
been to The Hague to attend the trial,
told the meeting about that visit.
He warned us about Milosevich's health,
saying that his heart condition,
'Essential hypertension with secondary
organ damage and hypertrophy of the
left ventricle', is life threatening and
needs immediate treatment. Stan pointed
out that, so far, Milosevic has only
been allowed to see the prison GP,
and has been refused an examination by
specialists, and medical treatment.
Despite all this, he said, "Milosevic
is very determined and confident -
because he has the truth on his side."
The last speaker was Chris Black,
Milosevic's legal advisor.
He told us that Nato's main weapon was
to demonise the Serbs and destroy
Milosevic, by using propaganda to
justify their aggression against
Yugoslavia.
He also pointed out that the prosecution's
main witness, former head of
Serbia's Secret Services Rado Markovich,
spoke in favour of Milosevic
instead of against him. When he was
asked whether Milosevic had given orders
to start ethnic cleansing of Albanians
in Kosovo, Markovic replied:
"No such orders were ever given, and
no ethnic cleansing took place."
The only evidence against Milosevic,
Chris Black rightfully said, "is that
he is not guilty."
To join the struggle for justice for Milosevic, contact the
International
Committee in his defence at www.icdsm.org
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5. Advocatenblad - Journal of the Dutch Bar Association on the process
The appointment of the Friends of the court by The Yugoslavia tribunal
countervails Mr Milosevic's right to conduct his own defense. This is
the view advocated by N.M.P. Steijnen, an attorney of Milosevic in the
"legal affairs outside the tribunal".
N.M.P. Steijnen, attorney in Zeist and member of the ICDSM.
The right to conduct one's own defense
("to defend himself in person") is a
minimum basic right (Art. 6 ECHR,
Art. 14 ICCPR; see Art. 26 ICTY Statute).
It is doubtful whether counsel can
ever be imposed. The Dutch system goes a
long way toward recognizing this right
but does not make it absolute, as is
demonstrated by the imposition of a
counsel in criminal trials in the last
instance. The European Court also allows
the legislator to impose a counsel
in some cases where the nature of the
proceedings so requires. On the other
hand, if the right to defend oneself
has been explicitly recognized in
certain kinds of proceedings (as in
the trials before the ICTY) this right
has to be respected in full. This
principle should also apply to Milosevic,
who has repeatedly emphasized that
he wants to conduct his own defense.
Objective perspective
The tribunal has now appointed three
amici curiae in Milosevic's case at the
request of the Dutch attorney Wladimiroff.
In Advocatenblad 2001-16 (21
September 2001) Wladimiroff explained
his appointment: "It seemed to me that
someone like that [amicus curiae] could
also see to the defense in
Milosevic's case, with the difference
that Milosevic is not the client. We
give the objective perspective of the
defense independently of the suspect."
(p. 621) It is of course a profound
mystery how any defense can exist
without a client. It is equally
nonsensical to say that something called
"the objective perspective of the
defense" could exist "independently of the
suspect". If it is not Wladimiroff
and his co-amici who decide what the
"objective perspective of the defense"
is, then who is it? This goes to show
that the "objective perspective of the
defense" is perfectly subjective and,
as a bonus, "independent of the suspect",
i.e. quite impervious to what the
suspect thinks about it.
Why has the ICTY decided to allow such
a construction? The motivation given
in the decision of appointment is that
it was considered "desirable" and
"important to secure a fair trial". The
tribunal could thus give the
impression of being properly concerned
about Milosevic's "fair trial". That
was of utmost importance in order to
mask what happened to the right "to
have adequate facilities for the preparation
of his defence" (Art. 6 ECHR,
Art. 14 ICCPR and Art. 21 of the ICTY Statute).
Adequate facilities
Milosevic wanted to conduct his own
defense but did not waive his right to
have adequate facilities for the preparation
of his defence. Already during
his detention in Belgrade and before
his transfer to The Hague he had at his
disposal an international team of
attorneys, ICDSM, to assist him in the
preparation of his defense. However,
the administration of the tribunal has
been systematic in its attempts to
sabotage and prevent Milosevic's
cooperation with this team.
First, the access to Milosevic was
limited as much as possible by simply
refusing to respond to a request for
admission. If, after repeated requests,
the permission for a visit was finally
granted, it was done out of
magnanimity far transcending anything
to which the tribunal was even
remotely obliged. The length of the
visit was then severely limited,
confidential contact was made impossible
and the exchange of documents was
prohibited. One often found out that
the correspondence sent to Milosevic
did not reach him. Ultimately, the
Canadian lawyer Chris Black was
completely banned by the administration
of the tribunal, because he had
relayed some statements made by
Milosevic to the Dutch press.
Finally the tribunal decided, without
any notice and without consulting
those concerned, to appoint Ramsey
Clark and Livingston as Milosevic's
"permanent legal advisers" with the
exclusive right to function in this
capacity. Clark, who is associated with
the ICDSM, was incapable of crossing
the ocean frequently simply due to his
age, whereas Livingston is unknown to
both the ICDSM and Milosevic. From the
outset it was quite clear that this
solution was completely unacceptable to
Milosevic. With this strategem the
administration of the tribunal managed
to close the door definitively to the
legal advisers who Milosevic had chosen
for himself.
I was subjected to more or less the same
treatment, but because I worked as
Milosevic's lawyer in Dutch legal
proceedings, my contact with the client
could not be completely banned. The
limited access that I was granted was
subject to the explicit restriction that
we could discuss only the Dutch
legal proceedings and every contact was
being monitored. The latter
restriction was removed only after
Milosevic authorized me to initiate legal
proceedings in the European Court of Human
Rights. Even then, the
administration of the tribunal was
willing to change its mind only when
pressured with impeding interlocutory
injunction proceedings and only after
it had reminded us that the tribunal was
not strictly speaking bound by this
Agreement, because it was not a party
to the treaty.
When the trial began, Milosevic was
also in a desperately isolated position.
He had only a fixed telephone line with
his party rank and file in Belgrade
and his two personal lawyers Tomanovic
and Ognjanovic. After repeated
complaints, the tribunal relaxed somewhat
the contacts with the Yugoslav
lawyers. This does not mean that Milosevic's
enormous handicap in comparison
to the powerful and extensive machinery
of the Prosecution has narrowed. Mil
osevic tries to make the best of his
preparation whatever it takes.
Outmanoeuvred
With the appointment of the amici curiae
all this got camouflaged. First and
foremost, the amici curiae are part of
the household of the tribunal, which
controls them, whereas the ICDSM advisers
belong to the Milosevic camp and
are beyond the tribunal's disciplinary
measures. The three amici were
granted all the rights which are normally
afforded to the chosen lawyer,
including the right to table various
"motions" and make "submissions",
perform cross-examination and further
act "in any other way designated
counsel considers appropriate in order
to secure a fair trial". The tribunal
thus has a number of pseudolawyers,
who countervail Milosevic's procedural
strategy contingent on the illegality
of the tribunal.
An example. Milosevic has repeatedly
insisted that his abduction from
Yugoslavia and his detention in
Scheveningen were illegal and he regarded
the tribunal as an illegal institution.
The Trial Chamber finally asked
Milosevic to set all this in writing.
Immediately the amici curiae also set
to work in order to express their
objections to the legality, but unlike
Milosevic, they called this paper
explicitly a "preliminary motion". This
way, they gave the tribunal the chance
to regard the papers by Milosevic and
by the amici curiae as a joint
"preliminary motion" without any distinction,
and hence as a document subject to the
rules of procedure of the tribunal.
This way, the tribunal could regard
the subsequent review as a formal
session, which could also look into the
question of habeas corpus, which is
not subject to any specific rule in the
tribunal's basic documents.
Milosevic was thus quite unaware that
it was now possible for the tribunal
to rule on the request of habeas corpus.
He was caught unprepared and was
outmanoeuvred on this point.
Munition
The statements attributed to Wladimiroff
by the Trial Chamber have again
caused Milosevic to take action against
the amici. The discharge of
Wladimiroff is not the ultimate objective,
the ultimate objective is the
discharge of all the amici. In spite of
the recent discharge, Milosevic
wants the disciplinary organs of the
Dutch law society to make a ruling on
Wladimiroff's conduct, which he expects
will provide munition against the
rest of the amici.
Endnote on the functions of Mr Steijnen
In this connection he appeared in
interlocutory injunction proceedings which
Milosevic had initiated against the
Dutch State after his transfer to and
detention in The Hague; in this
connection, he was authorized by Milosevic
to initiate proceedings in the ECHR
together with the French attorney
Vergès, the Canadian lawyer Black and others.
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6. CANA London
To the International Criminal Tribunal for the Former Yugoslavia
24th December 2002
Dear Sirs
I refer to reports which I have received tonight that the health of
the former President of Yugoslavia, Mr Milosevic is again worsening, &
the Tribunal has done nothing, despite protests from all over the
world, to ensure that the prisoner is seen by competent specialist
physicians independent of the Tribunal & neither will the Tribunal
grant bail.
I have written to the Tribunal on previous occasions, without
receiving any acknowledgement, pointing out that the decisions of
Judge May constitute prima facie a criminal case under section 134 of
the Criminal Justice Act 1988. He is complicit in torture, & not
merely complicit but the main instrument.
I have told the Law Officers that I will be lodging as soon as
convenient an Information @ Highgate Magistrates Court with the view
to the prosecution of the said judge May.
The Information is currently being prepared but should Mr Milosevic
die I will upgrade it to a charge of murder against both Judge May &
the other judges hearing this case.
I think the behaviour of your Court is deplorable. Primary
responsibility is on the Netherlands Government for hosting your Court
& on the United Nation Security Council for refusing to engage in any
form of monitoring of their own creation. We believe an enquiry should
be instituted by the Security Council & the General Assembly into
(inter alia) the illegal financing of this Court, (the expenses of
which should be met from the normal UN budget, but @ least in part
they are met by Mr Soros. Is this not correct?)
We also blame Amnesty International, which organisation has altogether
failed in terms of protecting the interests of prisoners of
conscience. We call on AI organisations world wide to take up such an
obvious case of political persecution & to hear the concerns of so
many people about this farce of international justice, the WTE,
(Washington's Tribunal in Europe).
CANA UK believes that Mr Milosevic's life is in imminent danger, not
least because of the imminence of the pre-planned aggression on Iraq.
The American Government has taken a leaf out of the Stalinist book.
Trotsky was finally eliminated in 1940, as the German armies were
marching through France. There is no doubt in my mind that the object
of the Tribunal, now that it has not been able to find a case against
the President, is to kill him, in the most expeditious & least
publicised manner possible & also at the most opportune time.
Judge May's tenure @ the Hague, in his NATO- EU role, of supreme
torturer, as well as prosecutor, judge & in all probability
executioner, should go down in history as the most obscene
misapplication of judicial power by a British judge anywhere in the
world since Judge Jeffreys & the Bloody Assize.
British judges have built up an entirely fallacious reputation for
being fair minded, when in fact as a group, & with few exceptions,
they are invariably corrupt, as Judge May's handling of this so called
trial proves, & as do many other cases known to me.
The Law Officers consistently refuse to investigate all the numerous
instances of judicial corruption brought to their attention every
year. If they are indolent, in their refusal to grasp this nettle,
this is not surprising, when the UK judiciary as a collectivity
believe themselves to be above the law. The psycho-pathological
problems which afflict them as a caste are accentuated in the case of
Judge May as he is currently removed from the jurisdiction, (although
he remains an official of the UK Government - whatever undertakings he
may have entered into with regard to this continent so called Court,
he remains bound by judicial oath to Her Majesty).
I also paste below a copy of a letter sent to the Guardian + copy to
Geoffrey Robertson QC which highlights a deficiency in the Court as
an institution, quite apart from its procedures.
Yours Sincerely
William Spring
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7. Reactions on a Guardian article on The Hague process
(Sent but unpublished letters to the Editor)
*****************
from Colin Meade
53 Florence Rd
London
N4 4 4DJ
Dear Sir,
In his article on the Milosevic trial (19 December), Geoffrey
Robertson QC writes as if he knows that Milosevic is the main author
of the tragic events in the former Yugoslavia. If he has this
information, he should pass it on to the Hague Prosecutors, who
clearly have no such evidence.
In his self-defence, Mr Milosevic has effectively demolished the
received wisdom about his country's fate, using arguments and facts.
He has among other things destroyed the credibility of many witnesses
claiming to be "victims of his policies". His performance should lead
rational people to question their prejudices.
As for a "fair trial", there can be no such thing without the
requirement for the parties to produce compelling and consistent
evidence and the presumption of innocence. In relation to the trial
of Milosevic, far too many responsible people seem to have forgotten
these elementary principles.
Yours faithfully
Colin Meade
*****************
To the Editor
The Guardian
Dear Sir
There is at least one colossal flaw in the logic of Geoffrey
Robertson's argument, (Guardian 19th December) favouring the standards
of supposed international justice exemplified by the International
Criminal Tribunal for the Former Yugoslavia. No justice can be
justice if not applied equally to all. I am not a Yugoslav citizen.
My first concern isn't with Mr Milosevic, but with the activities of
my Government, of Blair, Cook, & Straw, for example, all of whom I
regard as war criminals.
In the case of the first two, in May 1999 I sought to press criminal
charges before Magistrates, one, for encouraging terrorism in a
foreign state contrary to section Five of the Criminal Justice Act,
and two, for conspiracy to murder & to cause explosions in the Federal
Republic of Yugoslavia. The Magistrates declined to issue the
proceedings citing insufficient evidence.
What I find remarkable is the Hague Court entertaining the testimony
of NATO war criminals, when in 1999 NATO didn't even have the figleaf
of a United Nations resolution to legitimise military action. How can
such a Court be just, which only hears the accusations of the victors,
themselves law breakers, & ignores the cries of the vanquished? Don't
dead or mutilated Yugoslavs, Afghans, or Palestinians, nor those
shortly to suffer in Iraq, count for anything? Don't they deserve an
advocate? If they do, it shouldn't be Mr Robertson. His view of
justice is inexorably skewed, in favour of wealth, power, & the
ruthless use of propaganda & military force by humanitarian warriors.
Yours sincerely
William Spring
CANA UK Christians Against Nato Aggression UK
1 Scales Road London N17 9HB
Telephone 0208 376 1454
*****************
re: Playing the Odds in the Justice Game
by Geoffrey Robertson QC
Dec 19, 2002--The Guardian
After reading Mr Robertson's account of his brief visit to The Hague
Tribunal one can only assume that this field trip to 'the aquarium' is
his only experience with the Milosevic trial--and that his ever being
weaned from the tit of the British mainstream media is not very
likely--if not completely beyond hope.
All his talk of fairness, even excessive judicial fairness [sic], the
moral implications of procedural niceties, such as Milosevic's
cross-examining witnesses actually ceding legitimacy to the Tribunal,
and linkages between WWII Germany and Serbia/Yugoslavia of the 90s, Dr
Seselj's Radical Party of Serbia and Fascism, and Hermann Goering and
Slobodan Milosevic, bespeak a superficial sense of recent history and
a misunderstanding of contemporary geopolitical forces so contorted by
the ignorance and expediency of the consensus reality of pop culture
as to be more befitting a lager lout than a QC.
The illegality of the foundations and procedures of the Tribunal are
of no concern to Robertson: Its birth by untimely ripping from the
desiccated womb of a gang-raped and brain dead UN-- midwifed by Mad
Albright and her seven dwarves (Clinton, Rubin, Cohen, Zimmerman,
Holbrooke, Gelbardt, and Soros); its outrageous private financing by
the chief sponsors of global terrorism: Saudi Arabia, Pakistan, Iran,
Turkey, and the US; its total neglect of the very time-honoured
principles, i.e., presumption of innocence, the right to face one's
accusers, equal consideration before the law, that Robertson seems so
proud to represent--and not just their neglect, but the aggressive
inversion of these principles each time Richard May berates President
Milosevic for his cross-examinations and cuts off is mike, each time a
hopelessly under-rehearsed secret witness (but usually a spy, warlord
or terrorist, very well known to all in Serbia!) is fuzzed over the
tv monitors, and each time stale and thoroughly refuted media lies,
like Roy Gutman's award-winning hearsay of the Bosnian Death and Rape
Camps or of the misattributed Croatian, Bosnian Muslim and KLA
atrocities, are presented as fresh-baked . . . media lies: All of
these are beyond Robertson's considerations.
He seems concerned with "Justice" and especially "International
Justice".
And certainly he is exercised over the a priori villain Milosevic's
not turning the court's kindness, its fairness, into its weakness by
demonstrating just how this Tribunal, rather than adjudicating crimes
against humanity, actually covers up and perpetuates such crimes. He
says nothing of how the Tribunal has refused to hear of the monstrous
acts committed by its sponsors against the people of Serbia and
Yugoslavia and against the person of Slobodan Milosevic, first with
their generous application of Depleted Uranium missiles and now with
their iatrogenocidal concerns for the state of his health.
Obviously Maitre Robertson exists in some para-reality; some ethereal
world connected to the physical world that constrains the rest of us
working stiffs only by a Murdochian/Orwellian news network where the
interests served are neither those of Historical Truth nor
International Justice nor even the Reality Principle, but only those
of naked, ugly Geopolitical Power.
He seems to think that if he can stand with the strong, by parroting
their infantile, delusional myths of how things are, he will be all
right.
But I'm afraid, from start to finish, he is dead wrong.
Mick Collins
Cirque Minime/Paris
*********************************************
8. A Column from Antiwar.com
More Dirty Lies
Courtesy of The Hague Inquisition
(Nebojsa Malic)
[to be found at: http://www.antiwar.com ]
*********************************************
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
Date: Tue, 31 Dec 2002 02:09:50 +0100
From: "Vladimir Krsljanin"
COURAGE, EFFICIENCY, INITIATIVE, PERSISTENCE
and happiness for your families, were the wishes of President Slobodan
Milosevic for the New Year sent to his comrades and associates from
SLOBODA/Freedom Association.
The wishes were expressed with his always vivid and sound
spirit that gives strength and self-confidence to everyone who had
luck to get in direct contact with him.
As for our concerns, they are still and extremely big. At
present, we are in uneasy struggle with absent (due to Christmas
brake) Tribunal stuff to finally get the approval for the team of
medical specialists from the Military Medical Academy in Belgrade to
go to The Hague and make necessary medical examinations of the
President's health, after the last deterioration. The original request
for this visit was sent on November 9.
Many of those who sent their written appeals to the
Tribunal receive these days replies. The lies told in these replies
about the medical care provided to President Milosevic should be
exposed.
Pressure should also concentrate on UN High Commissioner
for Human Rights in Geneva, who should react immediately and soundly
on human rights violations within the UN system.
Weekends and long holidays are the time when we all
particularly worry. One can not forget that Dr Milan Kovacevic,
Jasenovac survivor, with known heart disease, died at The Hague in a
weekend night, after hours of agony, with no one even attempted to
help. Here are few lines from BBC News report of August 1, 1998:
"...tribunal spokesman Christian Chartier denied that the
tribunal was lax in its care or surveillance of jailed suspects. He
said it recognised the stress they were under, and said that Dr
Kovacevic had been under regular care by a heart specialist. (...)
The [defense] legal team also argued that their client
should be released because he was suffering from a life threatening
heart condition. "
Does this sound familiar?
*********************************************
RECENT INTERNATIONAL REACTIONS AND APPEALS
1. International Action Center, New York
2. German Communist Party
3. A Slovenian MP at WEU Parliamentary Assembly
4. New Worker on the London support meeting
5. Journal of the Dutch Bar Association on the process
6. CANA London
7. Reactions on a Guardian article on The Hague process
8. A Column from Antiwar.com
*********************************************
1. International Action Center, New York
Free Slobodan Milosevic!
The International Action Center demands the immediate
release of former Yugoslav President Slobodan Milosevic
from detention in NATO's maximum-security prison near The
Hague in the Netherlands.
Milosevic was kidnapped and transported from his homeland
to stand trial for alleged war crimes during NATO's wars
on the Balkans. He's been representing himself since
mid-February at The Hague, where the U.S.-funded pro-NATO
International Criminal Tribunal for the Former Yugoslavia
sits.
The former president has defiantly refused to recognize
the authority of a court that was illegally
established--international war crimes tribunals can be
constituted only by treaty among nations--and is waging a
strong political and legal defense, often turning the
tables on pro-NATO prosecutors.
Milosevic, who suffers from cardiovascular illness, has
been conducting a convincing defense, but his life is
being endangered. Exhausting, all-day court sessions, and
the lack of specialized medical care, has worsened his
health, in addition to the repressive conditions of his
incarceration. The NATO prison has, in fact, already
caused the deaths of inmates through inhumane treatment
and lack of proper medical care.
Milosevic was president of the Federal Republic of
Yugoslavia (FRY) in 1999 when that country heroically
attempted to resist the latest imperialist aggression in
the region on behalf of big business. The FRY was the
last remaining obstacle to total re-colonization of the
Balkans.
The 78-day terror bombing unleashed against the FRY
deliberately targeted not only the Yugoslav military but
also bridges, life-sustaining infrastructure and
civilians. Thousands perished in the high-tech pounding.
Whole industries, hospitals, schools and other
institutions vital to life were devastated. The Chinese
Embassy was purposely attacked, as was Radio-TV Serbia and
Novi Sad TV. All were occupied at the time.
Since 1991, when the Clinton White House and the U.S.
Congress instigated civil war in the Balkans, tens of
thousands have perished. Multi-national unity has been
ripped apart for capitalist exploitation, neo-colonial
plunder and NATO's expansion east.
The U.S.-led NATO alliance now needs scapegoats and show
trials to justify their murderous aggression on
Yugoslavia. The Hague tribunal was established to deflect
attention from the fact that Washington and its NATO
allies are the real war criminals in the Balkans--not
Slobodan Milosevic who, as the symbol of resistance, was
first demonized and then abducted to stand trial.
Ever wonder what became of the "mass graves" that NATO
used to justify the bombing of Yugoslavia and occupation
of Kosovo?
Milosevic has been forced to work under harsh conditions.
But he has still succeeded in turning the show trial into
an expose of NATO's crimes against Yugoslavia-crimes
against humanity and crimes against peace.
The International Action Center joins other organizations
and individuals worldwide in demanding in one voice that
Slobodan Milosevic be immediately released.
Solidarity and support comes from the Baghdad Conference
of May 7-9, 2002; May 17-19, 2002 European Peace Forum;
Dec. 11, 2002 Declaration of the State Duma of the Federal
Assembly of the Russian Federation; 10,000 protesters at
the Nov.19, 2002 demonstration in Belgrade, the Yugoslav
capital; doctors' organizations in Germany; and members of
the International Committee for the Defense of Slobodan
Milosevic.
Free Milosevic now! Abolish NATO!
International Action Center
December 17, 2002
*********************************************
2. German Communist Party
FOR THE ABOLITION OF THE "HAGUE TRIBUNAL" -
FOR THE IMMEDIATE RELEASE OF SLOBODAN MILOSEVIC!
(Resolution adopted by the16th Congress of the German Communist Party
(DKP)
in Duesseldorf, December 1st, 2002)
The German Communist Party demands the immediate abolition of the
so-called "tribunal" for the former Yugoslavia.
This "tribunal" was created by an unauthorized organ - UN Security
Council, in violation of the UN Chapter. It is not a legal
institution, but the continuation of the NATO aggression, poorly
camouflaged with pseudo-juridical requisites. Its purpose is not only
to fabricate false legitimacy for the illegal NATO-war, but also to
prepare new wars. The US at the same time negates the jurisdiction of
the legally founded International Criminal Court, announcing even the
military intervention in The Netherlands if a US citizen would be
brought before the ICC, presses Yugoslavia to cooperate with the NATO
court martial and threatens to establish another ad-hoc-tribunal in
the case of Iraq.
By his sovereign appearance at The Hague, Slobodan Milosevic produced
a fiasco for the NATO prosecutor. Since the "tribunal" cannot defeat
Slobodan Milosevic by "legal" means, it tries to threaten his health
and life by inhuman court and prison conditions. We support the appeal
of German and international physicians that Slobodan Milosevic has to
be released in order to get adequate therapy in Yugoslavia by the
doctors who took care about his health for years.
After, at the beginning of the "trial" even mainstream journalists had
to draw parallels with the German fascist Reichstag-fire trial against
Georgi Dimitrov, there is media silence about The Hague process now.
The many years of media demonization of Slobodan Milosevic was part of
war propaganda.
Today, Slobodan Milosevic is the highest ranking political prisoner of
NATO and as such he deserves solidarity of all anti-imperialist
forces.
The German Communist Party supports the struggle of Slobodan Milosevic
and the Socialist Party of Serbia against the "tribunal" of NATO
criminals.
The NATO aggressors have to be put on trial, Yugoslavia needs to get
comprehensive reparations for war damages!
We demand the immediate abolition of the "Hague Tribunal" and the
immediate release of Slobodan Milosevic and of all prisoners of the
illegal "Tribunal"!
*********************************************
3. A Slovenian MP at WEU Parliamentary Assembly
Mr. Zmago Jelincic, president of the Slovenian National Party put two
unpleasant questions to the leading representatives of NATO. The
answers were without answer. But the questions become the main subject
of discussion in the couloirs during the whole session. We quote the
questions from the official transcript.
ASSEMBLY OF WESTERN EUROPEAN UNION
THE INTERIM EUROPEAN SECURITY AND DEFENCE ASSEMBLY
FORTY-EIGHTH ORDINARY SESSION, Paris, 2-4 December 2002
Mr Antonio MARTINS DA CRUZ, Minister for Foreign Affairs of Portugal,
Chairman-in-Office of the WEU Council
Mr. JELINCIC: Portugal is soon to lead the Organisation for Security
and Cooperation in Europe, and because it is not possible to create
stability, security and peace without discovering the reality of past
events, I should like to put the following question: The medical
condition of the former Yugoslav President, Mr. Slobodan Milosevic,
has seriously deteriorated, to the degree to which it is questionable
whether he will even survive to the end of the trial in The Hague.
Given that, we must ask ourselves what is in the best interests of
truth. Will Mr. Milosevic's death contribute to a fair trial or to
the credibility of the international court? Will he still be able to
reveal information that is crucial to the truth? I think not. With his
death, the truth will be lost. Do you not think that it would be for
the best if the Assembly appealed to the international community and
competent organisations to release Mr. Milosevic, enabling him to
receive proper medical care?
Mr Guenther ALTENBURG, NATO Assistant Secretary-General for Political
Affairs, representing Lord ROBERTSON, Secretary General
Mr. JELINCIC: On the subject of the widening of the EU and NATO, we
cannot avoid the question of security in the neighbouring countries.
The current Yugoslav Government has no trust among the
people - with justification, it would seem. Violence and criminality
in Yugoslavia are increasing day by day, and the demands of the
separatist minority parties are getting more and more recognition. On
the other hand, the government is doing nothing to establish a stable
and prosperous environment. It behaves passively, and even cooperates
with those parties. Such a situation could easily lead to further
violence, such as that caused by Albanian separatists in the
recent past. Yugoslavia in its current state cannot afford to fall
into another war, but that is bound to happen if nothing is done. Due
to its inappropriate behavior, the current government has lost the
confidence of the nation that elected it. There must be new elections
to clarify the situation. Naturally, the government will not declare
elections, so it is in the hands of responsible national organisations
to call for new elections. Do you agree that Europe should demand the
clarification of the political situation in Yugoslavia through
elections?
*********************************************
4. New Worker on the London support meeting
New Worker Online
New Worker International News - 20/12/2002
Defend the life of Slobodan Milosevic!
by Elizabeth Farrell
SLOBODAN Milosevic faces a torrent of
lies and abuse in the dock of the
so-called International War Crimes
Tribunal in The Hague. This is beginning
to seriously damage the health of the
former Yugoslav President, who had
been diagnosed with a heart condition
and suffers form very high blood
pressure. He is not only fighting for
justice, he is also fighting for his
life, warned the International Committee
to Defend Slobodan Milosevic at a
meeting in London Conway Hall last week.
Paul Davidson chaired the meeting, and
speakers included Brian Denny from
the Campaign Against Euro-Federalism,
Serbian activist Stan Gasparovski and
Christopher Black, Milosevich's legal advisor.
Denny raised his concerns about the
'Corpus Durus' system that is used in
the trial, which means that the judge
is also the prosecutor. There is no
jury, and - unlike any trial in Britain
- the defendant is guilty until
proven innocent. He also mentioned the
conditions under which Milosevic is
imprisoned.
"The days in court are long, and Milosevic
is only given a sandwich and a
bad coffee for lunch. By the time he gets
back, he has missed his evening meal."
Stan Gasparovski, who had recently
been to The Hague to attend the trial,
told the meeting about that visit.
He warned us about Milosevich's health,
saying that his heart condition,
'Essential hypertension with secondary
organ damage and hypertrophy of the
left ventricle', is life threatening and
needs immediate treatment. Stan pointed
out that, so far, Milosevic has only
been allowed to see the prison GP,
and has been refused an examination by
specialists, and medical treatment.
Despite all this, he said, "Milosevic
is very determined and confident -
because he has the truth on his side."
The last speaker was Chris Black,
Milosevic's legal advisor.
He told us that Nato's main weapon was
to demonise the Serbs and destroy
Milosevic, by using propaganda to
justify their aggression against
Yugoslavia.
He also pointed out that the prosecution's
main witness, former head of
Serbia's Secret Services Rado Markovich,
spoke in favour of Milosevic
instead of against him. When he was
asked whether Milosevic had given orders
to start ethnic cleansing of Albanians
in Kosovo, Markovic replied:
"No such orders were ever given, and
no ethnic cleansing took place."
The only evidence against Milosevic,
Chris Black rightfully said, "is that
he is not guilty."
To join the struggle for justice for Milosevic, contact the
International
Committee in his defence at www.icdsm.org
*********************************************
5. Advocatenblad - Journal of the Dutch Bar Association on the process
The appointment of the Friends of the court by The Yugoslavia tribunal
countervails Mr Milosevic's right to conduct his own defense. This is
the view advocated by N.M.P. Steijnen, an attorney of Milosevic in the
"legal affairs outside the tribunal".
N.M.P. Steijnen, attorney in Zeist and member of the ICDSM.
The right to conduct one's own defense
("to defend himself in person") is a
minimum basic right (Art. 6 ECHR,
Art. 14 ICCPR; see Art. 26 ICTY Statute).
It is doubtful whether counsel can
ever be imposed. The Dutch system goes a
long way toward recognizing this right
but does not make it absolute, as is
demonstrated by the imposition of a
counsel in criminal trials in the last
instance. The European Court also allows
the legislator to impose a counsel
in some cases where the nature of the
proceedings so requires. On the other
hand, if the right to defend oneself
has been explicitly recognized in
certain kinds of proceedings (as in
the trials before the ICTY) this right
has to be respected in full. This
principle should also apply to Milosevic,
who has repeatedly emphasized that
he wants to conduct his own defense.
Objective perspective
The tribunal has now appointed three
amici curiae in Milosevic's case at the
request of the Dutch attorney Wladimiroff.
In Advocatenblad 2001-16 (21
September 2001) Wladimiroff explained
his appointment: "It seemed to me that
someone like that [amicus curiae] could
also see to the defense in
Milosevic's case, with the difference
that Milosevic is not the client. We
give the objective perspective of the
defense independently of the suspect."
(p. 621) It is of course a profound
mystery how any defense can exist
without a client. It is equally
nonsensical to say that something called
"the objective perspective of the
defense" could exist "independently of the
suspect". If it is not Wladimiroff
and his co-amici who decide what the
"objective perspective of the defense"
is, then who is it? This goes to show
that the "objective perspective of the
defense" is perfectly subjective and,
as a bonus, "independent of the suspect",
i.e. quite impervious to what the
suspect thinks about it.
Why has the ICTY decided to allow such
a construction? The motivation given
in the decision of appointment is that
it was considered "desirable" and
"important to secure a fair trial". The
tribunal could thus give the
impression of being properly concerned
about Milosevic's "fair trial". That
was of utmost importance in order to
mask what happened to the right "to
have adequate facilities for the preparation
of his defence" (Art. 6 ECHR,
Art. 14 ICCPR and Art. 21 of the ICTY Statute).
Adequate facilities
Milosevic wanted to conduct his own
defense but did not waive his right to
have adequate facilities for the preparation
of his defence. Already during
his detention in Belgrade and before
his transfer to The Hague he had at his
disposal an international team of
attorneys, ICDSM, to assist him in the
preparation of his defense. However,
the administration of the tribunal has
been systematic in its attempts to
sabotage and prevent Milosevic's
cooperation with this team.
First, the access to Milosevic was
limited as much as possible by simply
refusing to respond to a request for
admission. If, after repeated requests,
the permission for a visit was finally
granted, it was done out of
magnanimity far transcending anything
to which the tribunal was even
remotely obliged. The length of the
visit was then severely limited,
confidential contact was made impossible
and the exchange of documents was
prohibited. One often found out that
the correspondence sent to Milosevic
did not reach him. Ultimately, the
Canadian lawyer Chris Black was
completely banned by the administration
of the tribunal, because he had
relayed some statements made by
Milosevic to the Dutch press.
Finally the tribunal decided, without
any notice and without consulting
those concerned, to appoint Ramsey
Clark and Livingston as Milosevic's
"permanent legal advisers" with the
exclusive right to function in this
capacity. Clark, who is associated with
the ICDSM, was incapable of crossing
the ocean frequently simply due to his
age, whereas Livingston is unknown to
both the ICDSM and Milosevic. From the
outset it was quite clear that this
solution was completely unacceptable to
Milosevic. With this strategem the
administration of the tribunal managed
to close the door definitively to the
legal advisers who Milosevic had chosen
for himself.
I was subjected to more or less the same
treatment, but because I worked as
Milosevic's lawyer in Dutch legal
proceedings, my contact with the client
could not be completely banned. The
limited access that I was granted was
subject to the explicit restriction that
we could discuss only the Dutch
legal proceedings and every contact was
being monitored. The latter
restriction was removed only after
Milosevic authorized me to initiate legal
proceedings in the European Court of Human
Rights. Even then, the
administration of the tribunal was
willing to change its mind only when
pressured with impeding interlocutory
injunction proceedings and only after
it had reminded us that the tribunal was
not strictly speaking bound by this
Agreement, because it was not a party
to the treaty.
When the trial began, Milosevic was
also in a desperately isolated position.
He had only a fixed telephone line with
his party rank and file in Belgrade
and his two personal lawyers Tomanovic
and Ognjanovic. After repeated
complaints, the tribunal relaxed somewhat
the contacts with the Yugoslav
lawyers. This does not mean that Milosevic's
enormous handicap in comparison
to the powerful and extensive machinery
of the Prosecution has narrowed. Mil
osevic tries to make the best of his
preparation whatever it takes.
Outmanoeuvred
With the appointment of the amici curiae
all this got camouflaged. First and
foremost, the amici curiae are part of
the household of the tribunal, which
controls them, whereas the ICDSM advisers
belong to the Milosevic camp and
are beyond the tribunal's disciplinary
measures. The three amici were
granted all the rights which are normally
afforded to the chosen lawyer,
including the right to table various
"motions" and make "submissions",
perform cross-examination and further
act "in any other way designated
counsel considers appropriate in order
to secure a fair trial". The tribunal
thus has a number of pseudolawyers,
who countervail Milosevic's procedural
strategy contingent on the illegality
of the tribunal.
An example. Milosevic has repeatedly
insisted that his abduction from
Yugoslavia and his detention in
Scheveningen were illegal and he regarded
the tribunal as an illegal institution.
The Trial Chamber finally asked
Milosevic to set all this in writing.
Immediately the amici curiae also set
to work in order to express their
objections to the legality, but unlike
Milosevic, they called this paper
explicitly a "preliminary motion". This
way, they gave the tribunal the chance
to regard the papers by Milosevic and
by the amici curiae as a joint
"preliminary motion" without any distinction,
and hence as a document subject to the
rules of procedure of the tribunal.
This way, the tribunal could regard
the subsequent review as a formal
session, which could also look into the
question of habeas corpus, which is
not subject to any specific rule in the
tribunal's basic documents.
Milosevic was thus quite unaware that
it was now possible for the tribunal
to rule on the request of habeas corpus.
He was caught unprepared and was
outmanoeuvred on this point.
Munition
The statements attributed to Wladimiroff
by the Trial Chamber have again
caused Milosevic to take action against
the amici. The discharge of
Wladimiroff is not the ultimate objective,
the ultimate objective is the
discharge of all the amici. In spite of
the recent discharge, Milosevic
wants the disciplinary organs of the
Dutch law society to make a ruling on
Wladimiroff's conduct, which he expects
will provide munition against the
rest of the amici.
Endnote on the functions of Mr Steijnen
In this connection he appeared in
interlocutory injunction proceedings which
Milosevic had initiated against the
Dutch State after his transfer to and
detention in The Hague; in this
connection, he was authorized by Milosevic
to initiate proceedings in the ECHR
together with the French attorney
Vergès, the Canadian lawyer Black and others.
*********************************************
6. CANA London
To the International Criminal Tribunal for the Former Yugoslavia
24th December 2002
Dear Sirs
I refer to reports which I have received tonight that the health of
the former President of Yugoslavia, Mr Milosevic is again worsening, &
the Tribunal has done nothing, despite protests from all over the
world, to ensure that the prisoner is seen by competent specialist
physicians independent of the Tribunal & neither will the Tribunal
grant bail.
I have written to the Tribunal on previous occasions, without
receiving any acknowledgement, pointing out that the decisions of
Judge May constitute prima facie a criminal case under section 134 of
the Criminal Justice Act 1988. He is complicit in torture, & not
merely complicit but the main instrument.
I have told the Law Officers that I will be lodging as soon as
convenient an Information @ Highgate Magistrates Court with the view
to the prosecution of the said judge May.
The Information is currently being prepared but should Mr Milosevic
die I will upgrade it to a charge of murder against both Judge May &
the other judges hearing this case.
I think the behaviour of your Court is deplorable. Primary
responsibility is on the Netherlands Government for hosting your Court
& on the United Nation Security Council for refusing to engage in any
form of monitoring of their own creation. We believe an enquiry should
be instituted by the Security Council & the General Assembly into
(inter alia) the illegal financing of this Court, (the expenses of
which should be met from the normal UN budget, but @ least in part
they are met by Mr Soros. Is this not correct?)
We also blame Amnesty International, which organisation has altogether
failed in terms of protecting the interests of prisoners of
conscience. We call on AI organisations world wide to take up such an
obvious case of political persecution & to hear the concerns of so
many people about this farce of international justice, the WTE,
(Washington's Tribunal in Europe).
CANA UK believes that Mr Milosevic's life is in imminent danger, not
least because of the imminence of the pre-planned aggression on Iraq.
The American Government has taken a leaf out of the Stalinist book.
Trotsky was finally eliminated in 1940, as the German armies were
marching through France. There is no doubt in my mind that the object
of the Tribunal, now that it has not been able to find a case against
the President, is to kill him, in the most expeditious & least
publicised manner possible & also at the most opportune time.
Judge May's tenure @ the Hague, in his NATO- EU role, of supreme
torturer, as well as prosecutor, judge & in all probability
executioner, should go down in history as the most obscene
misapplication of judicial power by a British judge anywhere in the
world since Judge Jeffreys & the Bloody Assize.
British judges have built up an entirely fallacious reputation for
being fair minded, when in fact as a group, & with few exceptions,
they are invariably corrupt, as Judge May's handling of this so called
trial proves, & as do many other cases known to me.
The Law Officers consistently refuse to investigate all the numerous
instances of judicial corruption brought to their attention every
year. If they are indolent, in their refusal to grasp this nettle,
this is not surprising, when the UK judiciary as a collectivity
believe themselves to be above the law. The psycho-pathological
problems which afflict them as a caste are accentuated in the case of
Judge May as he is currently removed from the jurisdiction, (although
he remains an official of the UK Government - whatever undertakings he
may have entered into with regard to this continent so called Court,
he remains bound by judicial oath to Her Majesty).
I also paste below a copy of a letter sent to the Guardian + copy to
Geoffrey Robertson QC which highlights a deficiency in the Court as
an institution, quite apart from its procedures.
Yours Sincerely
William Spring
*********************************************
7. Reactions on a Guardian article on The Hague process
(Sent but unpublished letters to the Editor)
*****************
from Colin Meade
53 Florence Rd
London
N4 4 4DJ
Dear Sir,
In his article on the Milosevic trial (19 December), Geoffrey
Robertson QC writes as if he knows that Milosevic is the main author
of the tragic events in the former Yugoslavia. If he has this
information, he should pass it on to the Hague Prosecutors, who
clearly have no such evidence.
In his self-defence, Mr Milosevic has effectively demolished the
received wisdom about his country's fate, using arguments and facts.
He has among other things destroyed the credibility of many witnesses
claiming to be "victims of his policies". His performance should lead
rational people to question their prejudices.
As for a "fair trial", there can be no such thing without the
requirement for the parties to produce compelling and consistent
evidence and the presumption of innocence. In relation to the trial
of Milosevic, far too many responsible people seem to have forgotten
these elementary principles.
Yours faithfully
Colin Meade
*****************
To the Editor
The Guardian
Dear Sir
There is at least one colossal flaw in the logic of Geoffrey
Robertson's argument, (Guardian 19th December) favouring the standards
of supposed international justice exemplified by the International
Criminal Tribunal for the Former Yugoslavia. No justice can be
justice if not applied equally to all. I am not a Yugoslav citizen.
My first concern isn't with Mr Milosevic, but with the activities of
my Government, of Blair, Cook, & Straw, for example, all of whom I
regard as war criminals.
In the case of the first two, in May 1999 I sought to press criminal
charges before Magistrates, one, for encouraging terrorism in a
foreign state contrary to section Five of the Criminal Justice Act,
and two, for conspiracy to murder & to cause explosions in the Federal
Republic of Yugoslavia. The Magistrates declined to issue the
proceedings citing insufficient evidence.
What I find remarkable is the Hague Court entertaining the testimony
of NATO war criminals, when in 1999 NATO didn't even have the figleaf
of a United Nations resolution to legitimise military action. How can
such a Court be just, which only hears the accusations of the victors,
themselves law breakers, & ignores the cries of the vanquished? Don't
dead or mutilated Yugoslavs, Afghans, or Palestinians, nor those
shortly to suffer in Iraq, count for anything? Don't they deserve an
advocate? If they do, it shouldn't be Mr Robertson. His view of
justice is inexorably skewed, in favour of wealth, power, & the
ruthless use of propaganda & military force by humanitarian warriors.
Yours sincerely
William Spring
CANA UK Christians Against Nato Aggression UK
1 Scales Road London N17 9HB
Telephone 0208 376 1454
*****************
re: Playing the Odds in the Justice Game
by Geoffrey Robertson QC
Dec 19, 2002--The Guardian
After reading Mr Robertson's account of his brief visit to The Hague
Tribunal one can only assume that this field trip to 'the aquarium' is
his only experience with the Milosevic trial--and that his ever being
weaned from the tit of the British mainstream media is not very
likely--if not completely beyond hope.
All his talk of fairness, even excessive judicial fairness [sic], the
moral implications of procedural niceties, such as Milosevic's
cross-examining witnesses actually ceding legitimacy to the Tribunal,
and linkages between WWII Germany and Serbia/Yugoslavia of the 90s, Dr
Seselj's Radical Party of Serbia and Fascism, and Hermann Goering and
Slobodan Milosevic, bespeak a superficial sense of recent history and
a misunderstanding of contemporary geopolitical forces so contorted by
the ignorance and expediency of the consensus reality of pop culture
as to be more befitting a lager lout than a QC.
The illegality of the foundations and procedures of the Tribunal are
of no concern to Robertson: Its birth by untimely ripping from the
desiccated womb of a gang-raped and brain dead UN-- midwifed by Mad
Albright and her seven dwarves (Clinton, Rubin, Cohen, Zimmerman,
Holbrooke, Gelbardt, and Soros); its outrageous private financing by
the chief sponsors of global terrorism: Saudi Arabia, Pakistan, Iran,
Turkey, and the US; its total neglect of the very time-honoured
principles, i.e., presumption of innocence, the right to face one's
accusers, equal consideration before the law, that Robertson seems so
proud to represent--and not just their neglect, but the aggressive
inversion of these principles each time Richard May berates President
Milosevic for his cross-examinations and cuts off is mike, each time a
hopelessly under-rehearsed secret witness (but usually a spy, warlord
or terrorist, very well known to all in Serbia!) is fuzzed over the
tv monitors, and each time stale and thoroughly refuted media lies,
like Roy Gutman's award-winning hearsay of the Bosnian Death and Rape
Camps or of the misattributed Croatian, Bosnian Muslim and KLA
atrocities, are presented as fresh-baked . . . media lies: All of
these are beyond Robertson's considerations.
He seems concerned with "Justice" and especially "International
Justice".
And certainly he is exercised over the a priori villain Milosevic's
not turning the court's kindness, its fairness, into its weakness by
demonstrating just how this Tribunal, rather than adjudicating crimes
against humanity, actually covers up and perpetuates such crimes. He
says nothing of how the Tribunal has refused to hear of the monstrous
acts committed by its sponsors against the people of Serbia and
Yugoslavia and against the person of Slobodan Milosevic, first with
their generous application of Depleted Uranium missiles and now with
their iatrogenocidal concerns for the state of his health.
Obviously Maitre Robertson exists in some para-reality; some ethereal
world connected to the physical world that constrains the rest of us
working stiffs only by a Murdochian/Orwellian news network where the
interests served are neither those of Historical Truth nor
International Justice nor even the Reality Principle, but only those
of naked, ugly Geopolitical Power.
He seems to think that if he can stand with the strong, by parroting
their infantile, delusional myths of how things are, he will be all
right.
But I'm afraid, from start to finish, he is dead wrong.
Mick Collins
Cirque Minime/Paris
*********************************************
8. A Column from Antiwar.com
More Dirty Lies
Courtesy of The Hague Inquisition
(Nebojsa Malic)
[to be found at: http://www.antiwar.com ]
*********************************************
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