Da: ICDSM Italia
Data: Mar 28 Set 2004 15:39:46 Europe/Rome
A: icdsm-italia@ yahoogroups. com
Oggetto: [icdsm-italia] Voices of solidarity with president Slobodan
Milosevic !
Voices of solidarity with president Slobodan Milosevic !
1. US "witnesses" write to President Milosevic
2. High-Ranking French, German, Russian Political And Military
Officials Refuse To Testify At Hague Show Trial
3. Former Russian PM Yevgeny Primakov: No to violation of International
Law at The Hague
4. General Ivashov: The Hague and true war criminals
5. International Progress Organization: Statement on Yugoslavia Tribunal
6. Statement by the Greek Committee for International Détente and Peace
(EEDYE)
7. Protest Letters by: CHRISTOPHER BLACK (ICDSM), professor R.K. Kent,
peace activist W. Spring
=== 1 ===
Da: actioncenter.balkan@ organizerweb.com
Data: Dom 12 Set 2004 23:55:49 Europe/Rome
Oggetto: [IAC] Letter to Pres. Slobodan Milosevic
President Slobodan Milosevic
12 September 2004
Dear President Milosevic,
We, the undersigned, are outraged by the decision of the Hague Tribunal
(ICTY) to impose counsel on you against your will and to deprive you of
your lawful and fundamental right to self-defense. Although we
previously had agreed to testify in your defense, under these
conditions we cannot and will not participate as witnesses in these
proceedings.
Not only does the Tribunal's decision violate basic legal and ethical
norms, it brazenly disregards its own rules. Under Article 21,
paragraph 4 of the Statute of the ICTY, a defendant is entitled to
certain "minimum guarantees," including the right "to defend himself in
person or though legal assistance of his own choosing." The Statute
furthermore states that a trial should be conducted "with full respect
for the rights of the accused." We can only comment that our
understanding of the word "guarantee" evidently differs markedly from
that of the Court's.
We can assure you that we remain ready and willing to appear as
witnesses in the event that your right to self defense is restored to
you and you choose to invite us. We stand united in our belief that the
charges against you are false and that they represent a continuation of
the war against Yugoslavia and the Serbian people by the U.S. and its
NATO allies. We are sending a copy of this letter to the court to
inform them of our decision.
Signed,
Gregory Elich
Sara Flounders
Barry Lituchy
Michael Parenti
cc.: ICTY Registry, The Hague
The International Action Center
http://www.iacenter.org
mail to:iacenter@ iacenter. org
=== 2 ===
http://www.smh.com.au/articles/2004/09/10/1094789688748.html
Sydney Morning Herald (Australia)
September 11, 2004
Milosevic witnesses refuse to testify in protest over
lawyers
Just days after judges assigned two British lawyers to
defend Slobodan Milosevic, his war crimes trial ran
into new difficulties as scheduled witnesses pulled
out in protest.
Twelve high-ranking witnesses expected to appear this
month to defend Milosevic, the former Yugoslav
president, have sent notice that they will not come to
the tribunal, according to Milosevic's aides. As a
result, Monday's hearing has been cancelled, and it is
unclear when the next witness will appear.
Zdenko Tomanovic, one of the aides, denied that
Milosevic was trying to discourage the witnesses from
attending, saying two had appeared earlier in the
week.
He said the witnesses had objected to the proceedings
after the court deprived Milosevic of the right to
defend himself.
Over protests from Milosevic, the judges in the case
appointed lawyers to represent Milosevic after
cardiologists agreed he was not fit enough to bear the
strain of defending himself. Hearings for the multiple
war crimes charges have been cancelled more than a
dozen times because of Milosevic's heart problems.
In recent days, Milosevic told the three judges
several times he wanted his right to defend himself
restored and would appeal.
Now, the court-appointed lawyers have taken the first
step to appeal, following Milosevic's wishes,
according to a document released by the court on
Thursday. So the defence team is appealing against its
own presence.
The defence lawyers, Steven Kay and Gillian Higgins,
have come to know Milosevic's aides well - both have
attended the trial as "friends of the court" to ensure
fairness of the proceedings [sic].
On Thursday Mr Kay begged witnesses chosen by
Milosevic to come to The Hague and testify in his
support. "We welcome all Milosevic's witnesses to give
evidence and indeed to co-operate," he told the court.
"Not attending will not do the defence case any good
at all."
Refusals have come from four German, two Russian and
five French witnesses, most of them former
high-ranking politicians and military officers,
according to Mr Tomanovic.
The New York Times
Agence-France Presse
=== 3 ===
I have learned that the Hague International Tribunal for the former
Yugoslavia deprived former President of Yugoslavia Slobodan Milosevic
of his right to defend himself in person and imposed on him counsels
against his will.
In my opinion, that is a direct violation of word and spirit of the
International Law. In the emerged circumstances, I am forced to
renounce my decision to testify as a defense witness. As before, I am
ready to take part in the process, but only in the case that Mr.
Slobodan Milosevic gets back his undisputable right to conduct his
defense in person.
Yevgeny
Primakov
Moscow,
21 September 2004
=== 4 ===
Leonid Grigor'evich Ivashov
STATEMENT
I, Leonid Grigor'evich Ivashov, citizen of the Russian Federation, in
response to the invitation of President of the former Federal Republic
of Yugoslavia (FRY) Slobodan Milosevic, have agreed to testify for his
defense in the process before the International Criminal Tribunal for
the former Yugoslavia (ICTY). I have acted that way in full
consciousness, aiming to contribute towards achieving the objectivity
and truth on the issues of Europe and FRY in the period 1997-2000.
For me, the participation in the Hague process was important due to the
following circumstances. First, I was a direct participant of the
events considered. Second, I cannot stay away from the fact that the
prosecution had as its witnesses several persons who were directly
preparing and executing the armed aggression against a sovereign state
- the Federal Republic of Yugoslavia and who are responsible for
killing of hundreds of people and violation of the norms of the
International Law.
However, the recent decisions of the tribunal have forced me to change
my earlier decision. The ICTY, in violation of its own Statute (Article
21, point 4) imposes a counsel on Slobodan Milosevic, who was until
then exercising his right to defend himself in person. Among the duties
of the imposed counsel are the ones to determine who will appear as
defense witness, what will be the character of the testimony and its
interpretation. It cannot be considered normal that the counsel imposed
against the will of Slobodan Milosevic is a citizen of the country that
has been stepping on the norms of the International Law, letter and
spirit of the UN Charter and several times performed aggressions
against sovereign states, including FR Yugoslavia.
In such conditions, when my testimony as a defense witness can be used
against Slobodan Milosevic and will not serve the objectivity and
adoption of a just ruling, I refuse to take part in the process.
At the same time, I confirm my readiness to appear in the process as
soon as ICTY creates legally correct and just conditions and respect of
norms of the International Law.
Head of the Main Directorate for International Military Cooperation of
the Ministry of Defense of the Russian Federation 1996-2001,
Vice-Chairman of the Academy of Geopolitical Problems,
Doctor of Historical Sciences,
general-colonel (in reserve)
Leonid Ivashov
Moscow, 9 September 2004
=== 5 ===
STATEMENT ON THE ASSIGNMENT BY "TRIAL CHAMBER III" OF THE SO-CALLED
"INTERNATIONAL TRIBUNAL" OF COUNSEL TO THE FORMER PRESIDENT OF
YUGOSLAVIA
AGAINST HIS WILL
http://i-p-o.org/yu-tribunal-statement-sept04.htm
Vienna, 8 September 2004/P/RE/18849c
In reference to the Memorandum, dated 27 May 1999, on the lack of legal
validity of the indictment of the former President of Yugoslavia by the
so-called "International Tribunal" and lack of legitimacy of said
tribunal under basic rules of international law, the International
Progress Organization would like to emphasize the following points in
regard to the assignment of counsel by oral order of the so-called
"Trial Chamber III" to the former President of Yugoslavia against his
will:
1. The "International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International Humanitarian Law
Committed in the Territory of the Former Yugoslavia since 1991" lacks
moral as well as judicial legitimacy. Its creation by the UN Security
Council was an act ultra vires; decisions of the "Tribunal's" officials
have no legal validity.
2. Apart from its intrinsic illegitimacy, the decision to impose
counsel upon Mr. Milosevic against his will is in blatant violation of
the "Tribunal's" own "Statute" Art. 21 (Rights of the accused), Par. 4
(d) of which states that the accused shall be entitled "to defend
himself in person or through legal assistance of his own choosing." It
is to be noted that the "Statute's" additional provision ("to have
legal assistance assigned to him, in any case where the interests of
justice so require") is not applicable in this particular situation.
3. The fact that there is no written order, outlining the "Trial
Chamber's" legal reasons for the imposition of counsel (the communiqué
of 2 September, CC/P.I.S./889-e, announcing the wording of the "oral
order" appears to omit two paragraphs), while there exists a detailed
written "Order on the modalities to be followed by court assigned
counsel," dated 3 September 2004, further underlines the arbitrariness
and political nature of this decision.
4. The imposition of counsel against the declared will of the former
President of Yugoslavia constitutes a serious violation of the
accused's basic human rights as enshrined in international covenants.
5. The "Trial Chamber's" decision has documented one more time that
this "International Tribunal" is not a court of law, but a political
undertaking.
6. The reservations expressed by the former President of the Council of
Ministers of the USSR, Mr. Nikolai Ryzhkov, according to wich "Slobodan
Milosevic didn't get an assigned counsel, but another prosecutor who
will only act using other means" are well founded. Mr. Ryzhkov's
refusal to appear, under these circumstances, as a defense witness is
fully understandable.
7. The operation of the "Tribunal" in the Hague, as an essentially
political project, is further undermining the important cause of
universal jurisdiction as represented by the International Criminal
Court.
Dr. h.c. Dr. Hans Koechler
President
Memorandum dated 27 May 1999
http://i-p-o.org/yu-tribunal.htm
Global Justice or Global Revenge? by Hans Koechler (2004)
http://i-p-o.org/global_justice-springer-2003.htm
INTERNATIONAL PROGRESS ORGANIZATION
Information Service
A-1010 Vienna, Kohlmarkt 4, Austria
Telefax: +431-5332962
E-mail: info@i-p-o. org
Homepage: http://i-p-o.org
=== 6 ===
Greek Committee for International Détente and Peace (EEDYE)
Athens September 15 2004
To the International Committee for the Defense of Slobodan Milosevic
To the Organization SLOBODA of Serbia & Montenegro
To the International Association of Democratic Lawyers
Dear friends
It is with great concern and anger that we follow the developments
around the "trial" of the former president of the FR of Yugoslavia
Slobodan Milosevic at the famous "International Criminal Tribunal for
Yugoslavia (ICTY)", where basic rights of the defendant and every sense
of democratic and human rights are being violated day by day.
Since two years and around 300 days of trial the accusations being
presented are aiming in legitimizing the crimes of NATO during the
barbarous and inhuman bombing of Yugoslavia in 1999.
During this period various violations of fundamental rights to which
any defendant is entitled to, have been marked. Slobodan Milosevic was
hindered systematically in his communication with his family and his
advisors, which led (amongst others) to obstacles in the collection of
new elements of evidence and means for his innocence. Furthermore the
time for his preparation and defense was drastically suppressed along
with the fact that the number of defense witnesses was restricted and
the list of charges was extended after the trial had already started.
Culmination of the violations constitutes the fact that despite the
clear reference of the ICTY-statute (Art.21 Par.4), which is stating
that the defendant has the right "to be tried in his presence, and to
defend himself in person or through legal assistance of his own
choice", we are witnessing the flagrant violation of this right through
the imposition of counsel of defence by the court, against the strong
and categorical objection of Slobodan Milosevic and his insistence to
defend himself.
We believe that this development confirms the political character of
the court and trial itself, a procedure that constitutes a provocation
for every lawyer but as well for any legal system humanity has
experienced.
The right Slobodan Milosevic is being deprived of was not refused by
the Apartheid regime to Nelson Mandela, or even by the Nazis to Georgi
Dimitrof.
On behalf of the Greek Committee for International Détente and Peace
and of all peace loving people in Greece, we express our vehement
protest to the United Nations Organization, for this parody of trial,
which is not serving the slightest guaranty for a free and fair trial.
We express from the bottom of our heart our solidarity to the peoples
of Yugoslavia in their struggle for peace and progress, against the
imperialist plans on the Balkans
For the Greek Committee for International Détente and Peace (EEDYE)
Evangelos Mahairas
President of EEDYE
President of Honor of the World Peace Council (WPC)
Former President of the Lawyers Association of Athens
=== 7 ===
An Open Letter
The International Criminal Tribunal For Yugoslavia, an association of
criminals which is neither international nor a judicial body, was
created in violation of international law, and in violation of and
against the founding principles of the United Nations Charter. It makes
false charges, arrests and detains without legal authority, and
conducts what it calls "trials" in violation of international law and
all national laws and standards of justice. It serves as a weapon with
which the United States and its allies attempt to destroy the
fundamental principle of sovereignty of nations which is the essential
basis of the self-determination of peoples and democracy for which the
Allies of World War II ostensibly fought the fascists of Germany, Italy
and Japan.
Now, the fascists have risen anew and, having seized power in the
United States and among its allies in the other Nato countries, pretend
to create a New World Order in which they alone will decide who lives
and who dies, who is free and who is imprisoned and the economic and
social conditions under which we will all live.
In the name of freedom they create slavery. In the name of justice and
human rights they maim and kill. In the name of international law they
established the rule of ruthless power. In the name of democracy they
destroy democracy. In the name of the people they make a world
dictatorship.
An essentiel part of the dictatorship is the system of unlaw and
uncourts they have created known as the ad hoc criminal tribunals whose
sole purpose is to support the New World Order and destroy any nation
or national leadeship which opposes it.
The uncourts known as the ICTY, its sister, The ICTR for Rwanda, and
its half-sisters for Sierre Leone, Cambodia, and East Timor were
established and are maintained and controlled principally by the United
States in order to demonize those who resist its diktats, to destroy
the sovereignty of those countries and by implication and effect the
sovereignty of all
nations except the United States and to act as propaganda machines that
present false histories of the events that took place in those
countries, without exception turning the victims of US aggression into
scapegoats and "criminals" and, to cover up the true role of the United
States and its allies in thoe events.
The ICTY was established with these aims in order to destroy Yugoslavia
and all progressive forces in Yugoslavia and to control the Balkans and
threaten Russia. The ICTR was established to destroy Rwanda as a
progressive African state and to control the immense resources of
central Africa. The hybrid UN-national tribunals for Sierre Leone,
Cambodia and East Timor were similarly created to crush opposition to
US and its allies interest in those regions.
In each case the United States, using its influence in the Security
Council, has created criminal bodies which claim to be courts, which
have officials parading before the public in fancy dress, who have high
sounding titles and a proportionately low moral sense and which have
drafted "Statutes", empty pieces of paper signifying nothing but
purporting to give themselves a legal gloss immediately denied by their
rules of procedure and evidence which are designed to prevent fair
trials and the truth from ever being known.
The supporters of these bodies claim they are acting in accord with
justice, law and humanity. The imposition of counsel on President
Milosevic, an action which could only take place because of the
complete abscence of ethics in the family of lawyers named Kay selected
by the tribunal to silence him and cripple his defence, is the most
heinous action of all of the triumvirate of Nato stooges wearing the
red robes of the Inquisition and who are a self-parody of judges.
The fascist nature of these tribunals is openly revealed. The justice
of the cause of President Milosevic is plain.
The people of the world must recognize that President Milosevic and all
the other prisoners of the New World Order are hostages of that order,
held as an example to us all. The people of the world must act to stop
these injustices from continuing before we all become its victims. The
prisoners of all these ad hoc tribunals must be released. The tribunals
must be shut down. Those who created them must face justice before
their national courts for the war crimes they have committed. The
sovereignty of nations and international law must be restored.
International law will be restored. Together, the power is in our hands
to restore it.
Christopher Black
Vice Chair and Chair, Legal Committee
ICDMS
Arusha, Tanzania
---
To the so-called “Tribunal” trying
Slobodan Milosevic as a war criminal
implicated in “genocide.”
12. 09. 04
The writer of the ensuing words. after half a dozen texts made public,
should not be a stranger to this “Tribunal, “established by Madeleine
Albright with initial funds from two Muslim states. From its inital
South African prosecutor, through his Canadian successor, down ro the
current Swiss parody, called Carla del Ponte, the “tribunal” has
already “convicted” Slobodan Milosevic IN THE PUBLIC MEDIA THROUGHOUT
THE WEST FOR ALMOST THREE YEARS NOW. It has even denied him the most
basic right of the COLLECTIVE Western Civilisation, namely
self-defense.Under the cover of a transparent CHARADE about “concern”
for his health, the “Tribunal” has declared, magister dixit, “that he
is unable to defend himself,” despite and because of the AMPLE
DEMONSTRATION TO THE CONTRARY over a SUSTAINED period of time.
My first question is WHY TRY HIM AT ALL? Just incarcerte him for the
maximum, keep presenting “the Serbs” as neo-Nazi butchers of the
Twentieth century’s last decade, attack anyone who defends him as
eitrher a neo-Communist, an Orthodox Greek, a pro-Milosevic Serb,or any
other variety of “incorrect” persons.Just end this travesty of sick,
insane, misguided, stupid, asinine, deplorable, disgusting, politically
filthy, juridically contemptible, NATO-serving (with its cluster-bombs
and depleted uranium war-crime) aggressions against civilians in the
Serbian part of Bosnia, at Kosovo and in Serbia proper. Oh, yes, and
have a nice day at the “Court.”
What you do not wish to know, is that all of you at the “Tribunal” are
really watched, named and catalogued as footnotes to infamy that
destroyed internatioanl law, and behaved in criminal, racist and
Fascisto-Stalinist kangaroo ways toward the accused and his own
ethnicity. You will be neither forgotten nor forgiven. Cancer has
already taken “Judge” May, that non-entity from the bottom-ladder of
the British court system (in the Midlands - no Sir Ifor Evans is he).
Some other form of cosmic retribution will strike every one of you,
sooner or later. Predictably, and at the very least, your guilty
individual brains (assuming you have any left) will suffer individually
from Catatonic Narcolepsy with all of its pernicious and unpredictable
consequences. “Darkness at Noon” seemed like a novel but the Tribunal
has gone beyond, into the Twilight Zone while it believed that it
controls the vertical and the horizontal as a well-paid, perks-replete
puppet. One last word to the “judges” at the Tribunal.: For a fistfull
of dollars your souls are already in the Satan’s twitching hand. Sleep
well as you dehumanize yourselves with the pitiful amount of power
granted from elsewhere. You can also laugh this text off but the last
laugh will not be on thee.
Without respect,
Raymond K. Kent (Emeritus)
History Department, U. of Califormia
at Berkeley (510/642-1971)
---
UK peace activist William J Spring is making a formal complaint to the
Bar Council re UK barristers Stephen Kay and Gillian Higgins alleging
they are acting unethically and unprofessionally in agreeing to
represent Mr Milosevic at the Hague when he has made it clear he does
not want them to represent him.
William Spring comments: " it is basic to UK and European law that you
can represent yourself in a criminal trial.
" If illness is so bad as to render this difficult the answer is to
suspend the trial or to grant bail so the prisoner can recover his
health, not impose counsel against the provisions of the ECHR.
This is effective torture of the prisoner, especially one as well
qualified and fluent as Mr Milosevic, and impermissible to a servant of
the Supreme Court here in England."
"Further Stephen Kay has already expressed himself of sentiments
prejudicial to Mr Milosevic and we also believe he has links with
British intelligence and the security services.
"If you were to justify imposing representation, Stephen Kay is most
obviously disqualified from such a role."
Further information telephone 0208 376 1454
==========================
ICDSM - Sezione Italiana
c/o GAMADI, Via L. Da Vinci 27
00043 Ciampino (Roma)
tel/fax +39-06-4828957
email: icdsm-italia @ libero.it
Conto Corrente Postale numero 86557006
intestato ad Adolfo Amoroso, ROMA
causale: DIFESA MILOSEVIC
sito internet:
http://www.pasti.org/linkmilo.htm
Data: Mar 28 Set 2004 15:39:46 Europe/Rome
A: icdsm-italia@ yahoogroups. com
Oggetto: [icdsm-italia] Voices of solidarity with president Slobodan
Milosevic !
Voices of solidarity with president Slobodan Milosevic !
1. US "witnesses" write to President Milosevic
2. High-Ranking French, German, Russian Political And Military
Officials Refuse To Testify At Hague Show Trial
3. Former Russian PM Yevgeny Primakov: No to violation of International
Law at The Hague
4. General Ivashov: The Hague and true war criminals
5. International Progress Organization: Statement on Yugoslavia Tribunal
6. Statement by the Greek Committee for International Détente and Peace
(EEDYE)
7. Protest Letters by: CHRISTOPHER BLACK (ICDSM), professor R.K. Kent,
peace activist W. Spring
=== 1 ===
Da: actioncenter.balkan@ organizerweb.com
Data: Dom 12 Set 2004 23:55:49 Europe/Rome
Oggetto: [IAC] Letter to Pres. Slobodan Milosevic
President Slobodan Milosevic
12 September 2004
Dear President Milosevic,
We, the undersigned, are outraged by the decision of the Hague Tribunal
(ICTY) to impose counsel on you against your will and to deprive you of
your lawful and fundamental right to self-defense. Although we
previously had agreed to testify in your defense, under these
conditions we cannot and will not participate as witnesses in these
proceedings.
Not only does the Tribunal's decision violate basic legal and ethical
norms, it brazenly disregards its own rules. Under Article 21,
paragraph 4 of the Statute of the ICTY, a defendant is entitled to
certain "minimum guarantees," including the right "to defend himself in
person or though legal assistance of his own choosing." The Statute
furthermore states that a trial should be conducted "with full respect
for the rights of the accused." We can only comment that our
understanding of the word "guarantee" evidently differs markedly from
that of the Court's.
We can assure you that we remain ready and willing to appear as
witnesses in the event that your right to self defense is restored to
you and you choose to invite us. We stand united in our belief that the
charges against you are false and that they represent a continuation of
the war against Yugoslavia and the Serbian people by the U.S. and its
NATO allies. We are sending a copy of this letter to the court to
inform them of our decision.
Signed,
Gregory Elich
Sara Flounders
Barry Lituchy
Michael Parenti
cc.: ICTY Registry, The Hague
The International Action Center
http://www.iacenter.org
mail to:iacenter@ iacenter. org
=== 2 ===
http://www.smh.com.au/articles/2004/09/10/1094789688748.html
Sydney Morning Herald (Australia)
September 11, 2004
Milosevic witnesses refuse to testify in protest over
lawyers
Just days after judges assigned two British lawyers to
defend Slobodan Milosevic, his war crimes trial ran
into new difficulties as scheduled witnesses pulled
out in protest.
Twelve high-ranking witnesses expected to appear this
month to defend Milosevic, the former Yugoslav
president, have sent notice that they will not come to
the tribunal, according to Milosevic's aides. As a
result, Monday's hearing has been cancelled, and it is
unclear when the next witness will appear.
Zdenko Tomanovic, one of the aides, denied that
Milosevic was trying to discourage the witnesses from
attending, saying two had appeared earlier in the
week.
He said the witnesses had objected to the proceedings
after the court deprived Milosevic of the right to
defend himself.
Over protests from Milosevic, the judges in the case
appointed lawyers to represent Milosevic after
cardiologists agreed he was not fit enough to bear the
strain of defending himself. Hearings for the multiple
war crimes charges have been cancelled more than a
dozen times because of Milosevic's heart problems.
In recent days, Milosevic told the three judges
several times he wanted his right to defend himself
restored and would appeal.
Now, the court-appointed lawyers have taken the first
step to appeal, following Milosevic's wishes,
according to a document released by the court on
Thursday. So the defence team is appealing against its
own presence.
The defence lawyers, Steven Kay and Gillian Higgins,
have come to know Milosevic's aides well - both have
attended the trial as "friends of the court" to ensure
fairness of the proceedings [sic].
On Thursday Mr Kay begged witnesses chosen by
Milosevic to come to The Hague and testify in his
support. "We welcome all Milosevic's witnesses to give
evidence and indeed to co-operate," he told the court.
"Not attending will not do the defence case any good
at all."
Refusals have come from four German, two Russian and
five French witnesses, most of them former
high-ranking politicians and military officers,
according to Mr Tomanovic.
The New York Times
Agence-France Presse
=== 3 ===
I have learned that the Hague International Tribunal for the former
Yugoslavia deprived former President of Yugoslavia Slobodan Milosevic
of his right to defend himself in person and imposed on him counsels
against his will.
In my opinion, that is a direct violation of word and spirit of the
International Law. In the emerged circumstances, I am forced to
renounce my decision to testify as a defense witness. As before, I am
ready to take part in the process, but only in the case that Mr.
Slobodan Milosevic gets back his undisputable right to conduct his
defense in person.
Yevgeny
Primakov
Moscow,
21 September 2004
=== 4 ===
Leonid Grigor'evich Ivashov
STATEMENT
I, Leonid Grigor'evich Ivashov, citizen of the Russian Federation, in
response to the invitation of President of the former Federal Republic
of Yugoslavia (FRY) Slobodan Milosevic, have agreed to testify for his
defense in the process before the International Criminal Tribunal for
the former Yugoslavia (ICTY). I have acted that way in full
consciousness, aiming to contribute towards achieving the objectivity
and truth on the issues of Europe and FRY in the period 1997-2000.
For me, the participation in the Hague process was important due to the
following circumstances. First, I was a direct participant of the
events considered. Second, I cannot stay away from the fact that the
prosecution had as its witnesses several persons who were directly
preparing and executing the armed aggression against a sovereign state
- the Federal Republic of Yugoslavia and who are responsible for
killing of hundreds of people and violation of the norms of the
International Law.
However, the recent decisions of the tribunal have forced me to change
my earlier decision. The ICTY, in violation of its own Statute (Article
21, point 4) imposes a counsel on Slobodan Milosevic, who was until
then exercising his right to defend himself in person. Among the duties
of the imposed counsel are the ones to determine who will appear as
defense witness, what will be the character of the testimony and its
interpretation. It cannot be considered normal that the counsel imposed
against the will of Slobodan Milosevic is a citizen of the country that
has been stepping on the norms of the International Law, letter and
spirit of the UN Charter and several times performed aggressions
against sovereign states, including FR Yugoslavia.
In such conditions, when my testimony as a defense witness can be used
against Slobodan Milosevic and will not serve the objectivity and
adoption of a just ruling, I refuse to take part in the process.
At the same time, I confirm my readiness to appear in the process as
soon as ICTY creates legally correct and just conditions and respect of
norms of the International Law.
Head of the Main Directorate for International Military Cooperation of
the Ministry of Defense of the Russian Federation 1996-2001,
Vice-Chairman of the Academy of Geopolitical Problems,
Doctor of Historical Sciences,
general-colonel (in reserve)
Leonid Ivashov
Moscow, 9 September 2004
=== 5 ===
STATEMENT ON THE ASSIGNMENT BY "TRIAL CHAMBER III" OF THE SO-CALLED
"INTERNATIONAL TRIBUNAL" OF COUNSEL TO THE FORMER PRESIDENT OF
YUGOSLAVIA
AGAINST HIS WILL
http://i-p-o.org/yu-tribunal-statement-sept04.htm
Vienna, 8 September 2004/P/RE/18849c
In reference to the Memorandum, dated 27 May 1999, on the lack of legal
validity of the indictment of the former President of Yugoslavia by the
so-called "International Tribunal" and lack of legitimacy of said
tribunal under basic rules of international law, the International
Progress Organization would like to emphasize the following points in
regard to the assignment of counsel by oral order of the so-called
"Trial Chamber III" to the former President of Yugoslavia against his
will:
1. The "International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International Humanitarian Law
Committed in the Territory of the Former Yugoslavia since 1991" lacks
moral as well as judicial legitimacy. Its creation by the UN Security
Council was an act ultra vires; decisions of the "Tribunal's" officials
have no legal validity.
2. Apart from its intrinsic illegitimacy, the decision to impose
counsel upon Mr. Milosevic against his will is in blatant violation of
the "Tribunal's" own "Statute" Art. 21 (Rights of the accused), Par. 4
(d) of which states that the accused shall be entitled "to defend
himself in person or through legal assistance of his own choosing." It
is to be noted that the "Statute's" additional provision ("to have
legal assistance assigned to him, in any case where the interests of
justice so require") is not applicable in this particular situation.
3. The fact that there is no written order, outlining the "Trial
Chamber's" legal reasons for the imposition of counsel (the communiqué
of 2 September, CC/P.I.S./889-e, announcing the wording of the "oral
order" appears to omit two paragraphs), while there exists a detailed
written "Order on the modalities to be followed by court assigned
counsel," dated 3 September 2004, further underlines the arbitrariness
and political nature of this decision.
4. The imposition of counsel against the declared will of the former
President of Yugoslavia constitutes a serious violation of the
accused's basic human rights as enshrined in international covenants.
5. The "Trial Chamber's" decision has documented one more time that
this "International Tribunal" is not a court of law, but a political
undertaking.
6. The reservations expressed by the former President of the Council of
Ministers of the USSR, Mr. Nikolai Ryzhkov, according to wich "Slobodan
Milosevic didn't get an assigned counsel, but another prosecutor who
will only act using other means" are well founded. Mr. Ryzhkov's
refusal to appear, under these circumstances, as a defense witness is
fully understandable.
7. The operation of the "Tribunal" in the Hague, as an essentially
political project, is further undermining the important cause of
universal jurisdiction as represented by the International Criminal
Court.
Dr. h.c. Dr. Hans Koechler
President
Memorandum dated 27 May 1999
http://i-p-o.org/yu-tribunal.htm
Global Justice or Global Revenge? by Hans Koechler (2004)
http://i-p-o.org/global_justice-springer-2003.htm
INTERNATIONAL PROGRESS ORGANIZATION
Information Service
A-1010 Vienna, Kohlmarkt 4, Austria
Telefax: +431-5332962
E-mail: info@i-p-o. org
Homepage: http://i-p-o.org
=== 6 ===
Greek Committee for International Détente and Peace (EEDYE)
Athens September 15 2004
To the International Committee for the Defense of Slobodan Milosevic
To the Organization SLOBODA of Serbia & Montenegro
To the International Association of Democratic Lawyers
Dear friends
It is with great concern and anger that we follow the developments
around the "trial" of the former president of the FR of Yugoslavia
Slobodan Milosevic at the famous "International Criminal Tribunal for
Yugoslavia (ICTY)", where basic rights of the defendant and every sense
of democratic and human rights are being violated day by day.
Since two years and around 300 days of trial the accusations being
presented are aiming in legitimizing the crimes of NATO during the
barbarous and inhuman bombing of Yugoslavia in 1999.
During this period various violations of fundamental rights to which
any defendant is entitled to, have been marked. Slobodan Milosevic was
hindered systematically in his communication with his family and his
advisors, which led (amongst others) to obstacles in the collection of
new elements of evidence and means for his innocence. Furthermore the
time for his preparation and defense was drastically suppressed along
with the fact that the number of defense witnesses was restricted and
the list of charges was extended after the trial had already started.
Culmination of the violations constitutes the fact that despite the
clear reference of the ICTY-statute (Art.21 Par.4), which is stating
that the defendant has the right "to be tried in his presence, and to
defend himself in person or through legal assistance of his own
choice", we are witnessing the flagrant violation of this right through
the imposition of counsel of defence by the court, against the strong
and categorical objection of Slobodan Milosevic and his insistence to
defend himself.
We believe that this development confirms the political character of
the court and trial itself, a procedure that constitutes a provocation
for every lawyer but as well for any legal system humanity has
experienced.
The right Slobodan Milosevic is being deprived of was not refused by
the Apartheid regime to Nelson Mandela, or even by the Nazis to Georgi
Dimitrof.
On behalf of the Greek Committee for International Détente and Peace
and of all peace loving people in Greece, we express our vehement
protest to the United Nations Organization, for this parody of trial,
which is not serving the slightest guaranty for a free and fair trial.
We express from the bottom of our heart our solidarity to the peoples
of Yugoslavia in their struggle for peace and progress, against the
imperialist plans on the Balkans
For the Greek Committee for International Détente and Peace (EEDYE)
Evangelos Mahairas
President of EEDYE
President of Honor of the World Peace Council (WPC)
Former President of the Lawyers Association of Athens
=== 7 ===
An Open Letter
The International Criminal Tribunal For Yugoslavia, an association of
criminals which is neither international nor a judicial body, was
created in violation of international law, and in violation of and
against the founding principles of the United Nations Charter. It makes
false charges, arrests and detains without legal authority, and
conducts what it calls "trials" in violation of international law and
all national laws and standards of justice. It serves as a weapon with
which the United States and its allies attempt to destroy the
fundamental principle of sovereignty of nations which is the essential
basis of the self-determination of peoples and democracy for which the
Allies of World War II ostensibly fought the fascists of Germany, Italy
and Japan.
Now, the fascists have risen anew and, having seized power in the
United States and among its allies in the other Nato countries, pretend
to create a New World Order in which they alone will decide who lives
and who dies, who is free and who is imprisoned and the economic and
social conditions under which we will all live.
In the name of freedom they create slavery. In the name of justice and
human rights they maim and kill. In the name of international law they
established the rule of ruthless power. In the name of democracy they
destroy democracy. In the name of the people they make a world
dictatorship.
An essentiel part of the dictatorship is the system of unlaw and
uncourts they have created known as the ad hoc criminal tribunals whose
sole purpose is to support the New World Order and destroy any nation
or national leadeship which opposes it.
The uncourts known as the ICTY, its sister, The ICTR for Rwanda, and
its half-sisters for Sierre Leone, Cambodia, and East Timor were
established and are maintained and controlled principally by the United
States in order to demonize those who resist its diktats, to destroy
the sovereignty of those countries and by implication and effect the
sovereignty of all
nations except the United States and to act as propaganda machines that
present false histories of the events that took place in those
countries, without exception turning the victims of US aggression into
scapegoats and "criminals" and, to cover up the true role of the United
States and its allies in thoe events.
The ICTY was established with these aims in order to destroy Yugoslavia
and all progressive forces in Yugoslavia and to control the Balkans and
threaten Russia. The ICTR was established to destroy Rwanda as a
progressive African state and to control the immense resources of
central Africa. The hybrid UN-national tribunals for Sierre Leone,
Cambodia and East Timor were similarly created to crush opposition to
US and its allies interest in those regions.
In each case the United States, using its influence in the Security
Council, has created criminal bodies which claim to be courts, which
have officials parading before the public in fancy dress, who have high
sounding titles and a proportionately low moral sense and which have
drafted "Statutes", empty pieces of paper signifying nothing but
purporting to give themselves a legal gloss immediately denied by their
rules of procedure and evidence which are designed to prevent fair
trials and the truth from ever being known.
The supporters of these bodies claim they are acting in accord with
justice, law and humanity. The imposition of counsel on President
Milosevic, an action which could only take place because of the
complete abscence of ethics in the family of lawyers named Kay selected
by the tribunal to silence him and cripple his defence, is the most
heinous action of all of the triumvirate of Nato stooges wearing the
red robes of the Inquisition and who are a self-parody of judges.
The fascist nature of these tribunals is openly revealed. The justice
of the cause of President Milosevic is plain.
The people of the world must recognize that President Milosevic and all
the other prisoners of the New World Order are hostages of that order,
held as an example to us all. The people of the world must act to stop
these injustices from continuing before we all become its victims. The
prisoners of all these ad hoc tribunals must be released. The tribunals
must be shut down. Those who created them must face justice before
their national courts for the war crimes they have committed. The
sovereignty of nations and international law must be restored.
International law will be restored. Together, the power is in our hands
to restore it.
Christopher Black
Vice Chair and Chair, Legal Committee
ICDMS
Arusha, Tanzania
---
To the so-called “Tribunal” trying
Slobodan Milosevic as a war criminal
implicated in “genocide.”
12. 09. 04
The writer of the ensuing words. after half a dozen texts made public,
should not be a stranger to this “Tribunal, “established by Madeleine
Albright with initial funds from two Muslim states. From its inital
South African prosecutor, through his Canadian successor, down ro the
current Swiss parody, called Carla del Ponte, the “tribunal” has
already “convicted” Slobodan Milosevic IN THE PUBLIC MEDIA THROUGHOUT
THE WEST FOR ALMOST THREE YEARS NOW. It has even denied him the most
basic right of the COLLECTIVE Western Civilisation, namely
self-defense.Under the cover of a transparent CHARADE about “concern”
for his health, the “Tribunal” has declared, magister dixit, “that he
is unable to defend himself,” despite and because of the AMPLE
DEMONSTRATION TO THE CONTRARY over a SUSTAINED period of time.
My first question is WHY TRY HIM AT ALL? Just incarcerte him for the
maximum, keep presenting “the Serbs” as neo-Nazi butchers of the
Twentieth century’s last decade, attack anyone who defends him as
eitrher a neo-Communist, an Orthodox Greek, a pro-Milosevic Serb,or any
other variety of “incorrect” persons.Just end this travesty of sick,
insane, misguided, stupid, asinine, deplorable, disgusting, politically
filthy, juridically contemptible, NATO-serving (with its cluster-bombs
and depleted uranium war-crime) aggressions against civilians in the
Serbian part of Bosnia, at Kosovo and in Serbia proper. Oh, yes, and
have a nice day at the “Court.”
What you do not wish to know, is that all of you at the “Tribunal” are
really watched, named and catalogued as footnotes to infamy that
destroyed internatioanl law, and behaved in criminal, racist and
Fascisto-Stalinist kangaroo ways toward the accused and his own
ethnicity. You will be neither forgotten nor forgiven. Cancer has
already taken “Judge” May, that non-entity from the bottom-ladder of
the British court system (in the Midlands - no Sir Ifor Evans is he).
Some other form of cosmic retribution will strike every one of you,
sooner or later. Predictably, and at the very least, your guilty
individual brains (assuming you have any left) will suffer individually
from Catatonic Narcolepsy with all of its pernicious and unpredictable
consequences. “Darkness at Noon” seemed like a novel but the Tribunal
has gone beyond, into the Twilight Zone while it believed that it
controls the vertical and the horizontal as a well-paid, perks-replete
puppet. One last word to the “judges” at the Tribunal.: For a fistfull
of dollars your souls are already in the Satan’s twitching hand. Sleep
well as you dehumanize yourselves with the pitiful amount of power
granted from elsewhere. You can also laugh this text off but the last
laugh will not be on thee.
Without respect,
Raymond K. Kent (Emeritus)
History Department, U. of Califormia
at Berkeley (510/642-1971)
---
UK peace activist William J Spring is making a formal complaint to the
Bar Council re UK barristers Stephen Kay and Gillian Higgins alleging
they are acting unethically and unprofessionally in agreeing to
represent Mr Milosevic at the Hague when he has made it clear he does
not want them to represent him.
William Spring comments: " it is basic to UK and European law that you
can represent yourself in a criminal trial.
" If illness is so bad as to render this difficult the answer is to
suspend the trial or to grant bail so the prisoner can recover his
health, not impose counsel against the provisions of the ECHR.
This is effective torture of the prisoner, especially one as well
qualified and fluent as Mr Milosevic, and impermissible to a servant of
the Supreme Court here in England."
"Further Stephen Kay has already expressed himself of sentiments
prejudicial to Mr Milosevic and we also believe he has links with
British intelligence and the security services.
"If you were to justify imposing representation, Stephen Kay is most
obviously disqualified from such a role."
Further information telephone 0208 376 1454
==========================
ICDSM - Sezione Italiana
c/o GAMADI, Via L. Da Vinci 27
00043 Ciampino (Roma)
tel/fax +39-06-4828957
email: icdsm-italia @ libero.it
Conto Corrente Postale numero 86557006
intestato ad Adolfo Amoroso, ROMA
causale: DIFESA MILOSEVIC
sito internet:
http://www.pasti.org/linkmilo.htm