==========================
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
==========================


[ Dalla "centrale" belgradese del Comitato Internazionale per la Difesa
di Slobodan Milosevic - ICDSM - giungono quattro appelli, rivolti al
governo serbo, al Consiglio di Sicurezza dell'ONU, all'Ordine degli
Avvocati dell'Inghilterra e del Galles, al Parlamento della Serbia, e
naturalmente alla opinione pubblica internazionale e soprattutto agli
amici della nostra causa: questi ultimi, perche' contribuiscano
attivamente, con donazioni, alla difesa di Milosevic e dunque al
ripristino della legalita' e della verita' sulla tragedia jugoslava. (a
cura di ICDSM Italia) ]


Da: "Vladimir Krsljanin"
Data: Mar 12 Ott 2004  20:25:23 Europe/Rome
Oggetto: Four Appeals from Sloboda

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1. To the Serbian Government, to the UN Security Council and to the
international public
2. To the Bar Council of England and Wales
3. To the Serbian Parliament
4. Joint Sloboda/ICDSM Fundraising Appeal
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APPEAL of the
ASSEMBLY OF THE FREEDOM ASSOCIATION - THE NATIONAL COMMITTEE FOR THE
LIBERATION OF PRESIDENT SLOBODAN MILOSEVIC -

On its Session of 11 September 2004 the Assembly of the FREEDOM
Association - The National Committee for Liberation of the President
Slobodan Milosevic - deliberated the commencement of the defence case -
the second phase of the process against long term President of the
Republic of Serbia and FR Yugoslavia Slobodan Milosevic, which begun on
31 August 2004.
Special attention has been paid to the decision of the "Trial Chamber"
of the Hague "Tribunal" to impose a defence counsel on President
Milosevic against his will, and by that, to deprive him of the right of
defence. After the matter had been duly considered by the Assembly with
participation of the prominent legal experts, the Assembly adopted the
following

APPEAL

To the Governments of Serbia and State Community of Serbia and
Montenegro,
to the United Nations Security Council and to the international public

The decision of the "Trial Chamber" of the Hague "Tribunal" of 2
September 2004 to impose a defence counsel on President Milosevic, thus
depriving him of possibility to defend himself, has been strongly
condemned not only by legal experts at home and abroad, but also by all
people of good-will who are dedicated to legality and justice.

In addition to the fact that the Hague "Tribunal" had been founded in
an illegal manner, the decision of the "Trial Chamber" represents a
flagrant violation of the Article 11 of the Universal Declaration of
Human Rights which provides that an accused is entitled to a "public
trial during which all necessary guarantees for his defence will be
ensured".

The decision also violates the Article 6 of the European Convention on
Human Rights and Fundamental Freedoms. That article provides for the
right to a fair trial before an independent and impartial court
"established in accordance with the law". Article 6 also guarantees an
accused the right to defend himself in person or to have an assistance
of defence counsel of his own choosing. That right is guaranteed also
by the most important international document in this field, the
International Covenant on Civil and Political Rights in its Article 14.

The right of an accused person to defend himself in person is also
expressly guaranteed by the Article 21, paragraph 4, of the Statute of
the Hague "Tribunal", and the Statute had been adopted by the UN
Security Council.
Again, the said provision provides a defendant with the right to defend
himself in person or have a defence counsel of his own choosing.

In spite of the fact that Slobodan Milosevic continually reinstates his
decision to defend himself in person, the "Trial Chamber" imposed Mr.
Stephen Kay and Ms. Gillian Higgins as his defence counsel. This has
been resolutely rejected by President Milosevic.

The decision of the Hague "Tribunal" has been met with consternation
and strong condemnation by legal expert across the globe. In this
respect, we recall the August 2004 Petition signed by over 90 law
professors and lawyers from 17 countries. The Petition was addressed to
the President of the UN Security Council and to other UN organs. The
Petition was an appeal and attempt to prevent the shameful decision of
the "Tribunal". In spite of this, the decision to impose the defence
counsel has been made, causing bitter protests from legal experts from
the USA, Canada, Russia, France, Italy and other countries.

The Assembly of the FREEDOM Association stresses that the imposition of
defence counsel on President Slobodan Milosevic against his clearly
expressed will represents the flagrant violation of his basic human
rights guaranteed not only by international conventions, but also by
the Statute of the "Tribunal". The decision proves the "Tribunal's"
fear of the truth which will come out and its admission of defeat in
this process, during which it failed to prove any of the false and
shameful allegations against President Milosevic.

The decision of the so-called Hague "Tribunal", which pretends to fight
"the gross violations of international humanitarian law" has shown to
the world that, in fact, the "Tribunal" itself violates the basic human
rights, including those guaranteed by its own Statute. Defence counsel
imposed on Slobodan Milosevic are not his lawyers, but represent a new
tool of the prosecution and the "Trial Chamber" whose common goal is to
silence the truth and put the blame for the violent destruction of
Yugoslavia and crimes against the Serbian people on President Milosevic
and Serbian people itself.
Thus the illegal "Tribunal" showed once again that it is not a court of
law and justice, but a political tool of the USA and NATO which is used
in an attempt to justify the aggression against the FR Yugoslavia and
in order to provide a cover for numerous crimes against its peoples.

Considering all this, the Assembly of the FREEDOM Association demands
the authorities of Serbia and the State Community of Serbia and
Montenegro to take all necessary steps in order to protect the basic
human rights of Slobodan Milosevic, as a citizen of this country whose
rights have been flagrantly violated and taken away from him by the
recent decision of the "Tribunal".

The Assembly of the FREEDOM Association calls upon the UN Security
Council to act without delay and suspend the decision of its subsidiary
body - the Hague "Tribunal" - since that decision represents a flagrant
violation of the Security Council Resolution by which the Statute of
the "Tribunal" had been adopted.

The Assembly of the FREEDOM Association also calls upon the
international public and media to resolutely and firmly condemn the
injustice committed by the Hague "Tribunal", the injustice which is
directed not only against the freedom and sovereignty of the Serbian
people, but also against the peace and equality in the world. Such
body, established in contravention of the UN Charter, and its practice,
have nothing in common with the higher ground of international law and
justice.

The "Tribunal" should be abolished without delay and President
Milosevic set free at once.

Done in Belgrade on 11 September 2004

The Assembly of the FREEDOM Association - The National Committee for
the Liberation of President Slobodan Milosevic

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Sloboda/Freedom Association - Member of the World Peace Council
Belgrade, Rajiceva 16    tel./fax +381 11 630 549

To: Mr. Stephen Irwin QC
Chairman
General Council of the Bar
289-293 High Holborn
London
WC1V 7HZ
U.K.
Belgrade, September 30, 2004
Via fax No: 020-78319217

LETTER OF COMPLAINT

Dear Mr. Irwin,

We are writing to express our deepest concern about the acceptance of
Mr. Stephen Kay and Ms. Gillian Higgins of the role of imposed defence
counsel and co-counsel in the Milosevic case before Trial Chamber III
of the International Criminal Tribunal for the Former Yugoslavia
(ICTY). We understand that Mr. Kay and Ms. Higgins are members of The
Bar Council of England and Wales and are subject to the Rules of your
Code of Conduct.

As you are very well aware the right of an accused to defend himself in
person, as well as to have a counsel of his own choice, is guaranteed
by numerous international human rights instruments. These rights are,
for instance, provided for by Article 6 of the European Convention on
Human Rights, Article 8 of the Inter-American Convention on Human
Rights, as well as by Article 14 of the International Covenant on Civil
and Political Rights. The said Article of the Covenant also ensures an
accused the right to personally examine the defence witnesses under the
same conditions as witnesses of the prosecution. In addition, Article
21 (d) and (e) of the Statute of the ICTY expressly provides an accused
with the right to defend himself in person. We hope that you, dear Sir,
share our view that these rights represent ius cogens. The very
intention of the Trial Chamber III of the ICTY to impose a counsel on
President Slobodan Milosevic, as an unwilling accused, has been
challenged recently by 100 lawyers and law professors from several
countries (please find here attached their joint petition).

Our concern lies in the fact that Mr. Kay's and Ms. Higgins' acceptance
of the role of imposed counsel of Mr. Milosevic may represent the case
of professional misconduct in accordance with Paragraph 303 (a) of the
Code of Conduct (Part III - Fundamental Principles). According to this
Paragraph, a barrister must promote and protect his client's best
interests. In the situation in which Mr. Milosevic himself claims that
to impose a defence counsel on him represents the breach of his basic
human rights, as well as that he expressly contends that such an
imposition is against his best interests, it is our opinion that Mr.
Kay and Ms. Higgins are not acting in their »client's« best interests.

We are also concerned that this represents the case of professional
embarrassment. And indeed, in the submission to the ICTY filed on 13
August 2004 entitled »Amici Cuiae Submissions in Response to the Trial
Chamber's Further Order on Future Conduct of the Trial Concerning
Assignment of Defence Counsel«, which we attach for your attention, the
then Amici Curiae Mr. Kay and Ms. Higgins state: »...given the
consistent stance taken by the Amici Curiae against the imposition of
counsel upon an unwilling Accused, it is submitted that a situation of
professional embarrassment may arise if the Amici Curiae were asked to
assume that role...« and that »...conversion of the role of the Amici
Curiae to imposed or assigned counsel would alter the original role
considerably and could be interpreted as professional embarrassing...«
(p.13 and 14 of the Submission). In spite of such stance, the former
Amici Mr. Kay and Ms. Higgins accepted the role of defence counsel of
an unwilling Mr. Milosevic.

We ask you, dear Sir, to deliberate the matter and decide whether the
acceptance of your members Mr. Kay and Ms. Higgins to be the imposed
defence counsel on an unwilling Mr. Milosevic represents the violation
of your Code of Conduct. We here also have in view your Annex A: The
International Practice Rules, Paragraph 2, and Article 9 of the Code of
the Professional Conduct of Defence Counsel of the ICTY.

Thanking you for your attention, I remain

Yours sincerely

Professor Mirko Zurovac
Chairman of the Assembly of the Freedom Association - National
Committee for the Liberation of President Slobodan Milosevic

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Sloboda/Freedom Association
Member of the World Peace Council
Belgrade, 13 October 2004

PRESS RELEASE

The Freedom Association has submitted to the parliamentary factions of
the Serbian Radical Party, the Democratic Party of Serbia and the
Socialist Party of Serbia in the National Assembly of the Republic of
Serbia an initiative to adopt, in urgent procedure, a Resolution
against the human rights violations by the Hague tribunal.

The initiative emphasizes that the recent depriving of President
Slobodan Milosevic of his right to defence represents a peak of the
many-years practice of negation and violation of human rights by the
tribunal. This practice had as a consequence, inter alia, the loss of
at least seven human lives.

The Freedom Association demands also a set up of a Parliamentary
Investigative Commission and an experts' team to prepare an extensive
professional report on human rights violations by the tribunal to be
submitted to the United Nations.

In the reasons for the initiative it is also said that its acceptance
would considerably strengthen the position of our country before the
political pressures connected with the "cooperation" with the tribunal.

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THE INTERNATIONAL COMMITTEE TO DEFEND SLOBODAN MILOSEVIC
ICDSM   www.icdsm.org
Sofia-New York-Moscow

SLOBODA/FREEDOM ASSOCIATION - Member of the World Peace Council
www.sloboda.org.yu
Belgrade

FUNDRAISING APPEAL
===================

After the Hague tribunal declared war on International Law by banning
the defense of President Milosevic, our activities for his liberation
and the restoration of freedom and national sovereignty for the Serbian
people must be reorganized and intensified.

We need legal professional work more than ever, so the creation of
conditions for that is the imperative of the moment.

The petition of 100 lawyers and law professors from 17 countries ( 
http://www.icdsm.org/Lawappeal.htm%c2%a0 )  and other activities of ICDSM
Legal Committee produced a public effect incomparable to any other our
previous action.

President Milosevic has truth and law on his side. In order to use that
advantage to achieve his freedom, we must fight the totally discredited
tribunal and its patrons through professionally conducted actions,
which would involve Bar Associations, the European Court, the UN organs
in charge and media.

Our practice had shown that ad hoc voluntary work is not enough to deal
properly with these tasks. The funds secured in Serbia are barely
enough to cover the living expenses and work of President Milosevic's
legal associates at The Hague (one at the present time). The funds
secured by the German section of the ICDSM (still the only one
providing regular contributions) are enough only to cover the minimal
additional work at The Hague connected with contacts and preparations
of the foreign witnesses. Everything else is unfunded.

3000-5000 EUR per month is our immediate need. History and people
oblige us to go on with necessary action. But without these funds this
will not be possible.

Please organize urgently fundraising activity and send the donations to
the following ICDSM accounts:

Peter Betscher
Stadt- und Kreissparkasse Darmstadt, Germany
IBAN: DE 21 5085 0150 0102 1441 63
SWIFT-BIC: HELADEF1DAS

or

Vereinigung für Internationale Solidarität (VIS)
4000 Basel, Switzerland
PC 40-493646-5

All your donations will be used for legal and other necessary
accompanying activities, on instruction or with consent of President
Milosevic. To obtain additional information on the use of your
donations or to obtain additional advice on the most efficient way to
submit your donations or to make bank transfers, please do not hesitate
to contact us:

Peter Betscher (ICDSM Treasurer) E-mail: peter_betscher @ freenet.de
Phone: +49 172 7566 014

Vladimir Krsljanin (ICDSM Secretary) E-mail: slobodavk @ yubc.net
Phone: +381 63 8862 301

ICDSM and Sloboda have to address governments, international human
rights and legal organizations, to launch legal proceedings. ICDSM
plans a legal conference at The Hague. Sloboda has just sent to the
patriotic factions in the Serbian Parliament an initiative to adopt a
parliamentary Resolution against the human rights violations by the
Hague tribunal and to form an international experts team to make an
extensive report on these violations which would be submitted to the UN.

By truth and law against aggression!
Freedom for Slobodan Milosevic!
Freedom and equality for people!

On behalf of Sloboda and ICDSM,

Vladimir Krsljanin,
Foreign Relations Assistant to President Milosevic

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To join or help this struggle, visit:
http://www.sloboda.org.yu/ (Sloboda/Freedom association)
http://www.icdsm.org/ (the international committee to defend Slobodan
Milosevic)
http://www.free-slobo.de/ (German section of ICDSM)
http://www.icdsm-us.org/ (US section of ICDSM)
http://www.icdsmireland.org/ (ICDSM Ireland)
http://www.pasti.org/milodif.htm (ICDSM Italy)
http://www.wpc-in.org/ (world peace council)
http://www.geocities.com/b_antinato/ (Balkan antiNATO center)