Chairman
National Forum On Europe
State Apartments
Dublin Castle
Dublin 2 24th November 2005
Reference: FORUM SUBMISSION - November 2005
Dear Senator Hayes
Thank you once again for the invitation to lodge a Submission to the National Forum On Europe.
Our Submission is enclosed.
Yours sincerely,
June Kelly
Co ordinator
International Committee to Defend Slobodan Milosevic (Irish Section)
Ireland
Tel: 086 1963134 cdsmireland@eircom.net
www.icdsmireland.org
ICDSM INTERNATIONAL CONTACTS:
Vladimir Krsljanin,
Foreign Relations Assistant to President Milosevic (Belgrade)
00381 638862301 - 0038111630549 - slobodavk@yubc.net
Tiphaine Dickson Legal Spokesperson for President Milosevic(Montreal) +1 450 263 7974
Ramsey Clark (former US Attorney General) (New York) +1 212 475 3232
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.free-slobo-uk.org/ (CDSM UK)
http://www.icdsm-us.org/ (US section of ICDSM)
http://www.icdsmireland.org/ (ICDSM Ireland)
http://www.pasti.org/milodif.htm1(ICDSM Italy)
http://www.wpc-in.org/ (world peace council)
http://www.geocities.com/b_antinato/ (Balkan antiNATO center)
______________________________
FORUM SUBMISSION
24th November 2005
Submitted by June Kelly for the International Committee to Defend Slobodan Milosevic (Irish Section) cdsmireland@eircom.net - www.icdsmireland.org - Mobile 086 1963134
Full postal address with the National Forum On Europe.
PART I - Further to our submission to the Forum in March this year we wish to again draw urgent attention to the issue of the International Criminal Tribunal for former Yugoslavia (ICTY) in The Hague -
The Tribunal or so called Court is situated in The Hague in The Netherlands in the heart of democratic Europe, a state which is a member of the European Union.
The Tribunal was illegally structured, it is financed by the United States of America and NATO.
Its processes have proved to be illegal and to be totally unfair to the majority of people on trial under its auspices.
People awaiting trial in the Tribunal are imprisoned in the UN Detention Unit in The Hague in conditions which fall far short of regulations as laid down in the Geneva Conventions.
Seven Yugoslav prisoners have died in the UN Detention Unit whilst awaiting trial in the ICTY.
In the case of President Slobodan Milosevic, the situation for him now in respect of his health is critical. From his dark damp subterranean cell he is expected to prepare his case at night in preparation for trial the following day. He is permitted no access to his immediate family and limited opportunity to speak to any members of his family by telephone. He is on trial for crimes allegedly committed by Yugoslav Army forces in former Yugoslavia when in fact he was not even the President of Yugoslavia during the years in which these crimes were said to have taken place. He therefore had absolutely no control or power or say over the Army of the Federal Republic of Yugoslavia.
Of the 300 “witnesses” presented by the Prosecution to give “evidence” against President Milosevic, not one sole “witness” was able to substantiate or prove any allegation he or she made by way of discrediting president Milosevic.
On the 12th of November 2005 I attended a Conference in Belgrade which was organised jointly by the Serbian branch of the ICDSM and by the Belgrade based Sloboda Freedom Association. As the second part of our submission to the National Forum On Europe I hereby enclose the following documents. The first being the Declaration of the ICDSM adopted in Belgrade at the Conference on 12th November and signed by ICDSM Board members Ramsey Clark (former US Attorney General), Sergei Baburin (Russian Duma), Professor Velko Vlkanov, and Bogoljub Bjelica (Chairman of the Board of Sloboda/Freedom Association:
PART II -
1. Declaration of ICDSM adopted at 12
November session in Belgrade
2. Signatures for People's Initiative are being collected in Serbia
3. Press Release of Sloboda/Freedom Association
4. Letter to the UN Security Council
5. Urgent Conclusion of the ICDSM and Sloboda
6. Conclusion of the international team of medical experts
Declaration of the International Committee for the Defense of Slobodan Milosevic
Belgrade, 12 November 2005
I.
We, the representatives of the International Committee for the Defense of Slobodan Milosevic, having met on 12 November 2005 in Belgrade under the auspices of the Sloboda (Freedom) Association, express our deepest indignation with respect to the continued proceedings against President Slobodan Milosevic conducted before the so-called International Criminal
Tribunal for the Former Yugoslavia (ICTY).
During its twelve and a half years of operation, the ICTY has demonstrated to the world that rather than functioning as an institution of justice, it employs force and blackmail, and is subjected to flagrant pressure by the very powers who contributed the most to the disintegration of the former Yugoslavia and the civil wars waged within it. The ICTY has demonstrated that it is an institution of arbitrariness and absence of law, not of reconciliation.
The ICTY's activities, and in particular the treatment of and proceedings against Slobodan Milosevic, demonstrate that the ICTY is a means of retaliation against Federal Republic of Yugoslavia (FRY) citizens in general, and the Serbs in particular, because of their resistance to the breakup of the former Yugoslavia and their heroic defense against the NATO aggression in 1999.
The indictment of Slobodan Milosevic shifted the responsibility for the
aggression and acts of terrorism committed by the Kosovo Liberation Army (KLA) onto its victims[1].
The ICTY has thus shown to the whole world that its main role is to
legitimize and legalize the most flagrant violations of international law,
as well as the most serious crimes committed during the breakup of the former Yugoslavia and the NATO aggression against the FR of Yugoslavia.
Therefore, the ICTY is not an institution of justice. Instead, it is a means for the accomplishment of specific political objectives, a symbol of discrimination and legal violence.
The indictment against the former President of Serbia and the FR of
Yugoslavia for alleged crimes in Kosovo and Metohija was brought on 24 May 1999 in the midst of NATO's aggression against the FR of Yugoslavia. That illegal war was a direct breach of the NATO Charter, the UN Charter, and international law. That aggression represents a crime against peace, the supreme international crime.
During the 78-day long criminal bombing of the FR of Yugoslavia, the
aggressors killed and wounded thousands of civilians, destroyed the economic and transport infrastructure, tried to kill president Milosevic by bombing his residence, used cluster bombs and depleted uranium, and caused destruction amounting to more than $100 billion. In order for the irony to be complete, charges against Slobodan Milosevic were also brought for alleged crimes in Croatia and Bosnia and Herzegovina.
However, the ICTY has not indicted any leader of the NATO member countries or any pilot for the crimes committed during the aggression. Instead, the indictment was raised by the ICTY, and sponsored by Clinton Administration, against Slobodan Milosevic, a democratically elected head of state who was leading his country in the defense against the aggression.
President Milosevic, who was obliged to combat foreign-backed terrorism in his country, is in the wake of the "War on Terrorism", being tried by those who were igniting ethnic conflicts and who created terrorist organizations in the territory of the former FRY. We do not accept that President Milosevic be tried by those who were supporting terrorism while it suited them and who claim to be fighting it today.
By arresting Slobodan Milosevic illegally and by surrendering him to the ICTY both the Constitution of the FR of Yugoslavia and the Constitution of Serbia were breached. Therefore, the kidnapping and delivery of President Milosevic to the ICTY represent violence to the democratic constitution and a precedent in modern history. The perpetrators of that shameful act bear the responsibility before the citizens of Serbia, and before history.
II
Currently, after only a portion of the defense witnesses have testified on President Milosevic's behalf before the ICTY, one can note with certainty that the indictment that the so-called Hague Prosecution raised against him has suffered a debacle!
Worldwide public opinion and experts have established, after the witnesses for the Prosecution were heard, that the indictment against Slobodan Milosevic for the crime of genocide is fully without grounds and is not corroborated by a single piece of objective evidence. It is not only that there is no evidence for the charge for genocide. There is no evidence for any of the counts of the indictment.
Through the strength of arguing the truth, President Milosevic has
completely destroyed all the lies alleged against him in the so-called
Indictment.
There is, naturally, no evidence against Slobodan Milosevic. However, there is a procedure in place. The machinery of the ICTY has tried, by enacting its own rules for the trial procedure, by shaping and adapting them to own political needs, to stop him in his presentation of the truth. This is the reason why the tribunal is now trying to limit the time needed for the witnesses he has invited to testify. This must be prevented!
Presumption of guilt, unlimited duration of detention, retroactive
responsibility, secret charges and secret witnesses, as well as the use of secret services for gathering evidence - these are only some of the more evident proofs that there is no justification for the existence of the ICTY as a legal institution, and even less as an institution operating under the auspices of the United Nations.
We do not believe that the proceedings against President Milosevic are just. However, any acceleration of the tempo of the proceedings represents a boost for the enemies of truth and the establishment of facts.
All of the above facts point to clear indications of a mistrial. That is why we demand that this mockery of a trial be suspended, and for President Milosevic to be released.
III
The following list details the most common types of abuse inflicted on
President Milosevic.
A.
1. On 28 June 2001, President Milosevic was forcefully, unlawfully, and without the knowledge of his family and relevant legal institutions of the FRY, transported to The Hague penitentiary in violation of existing constitutional and FRY and international legal provisions. The appeal for Habeas Corpus to Dutch Courts was not sustained despite the evident facts, which proved that this was a case of abduction.
B. President Milosevic's rights and privileges in The Hague penitentiary
are thoroughly neglected.
1. Many times his inalienable rights to self-representation and defense
have been questioned. Long periods of time were allocated to formal
discussion, thus making the preparations for the defense more tedious and time consuming. The amount of material submitted by the Prosecution is not only irrelevant but enormous, and this has negatively affected the process itself as well as the health of President Milosevic.
2. Despite a gigantic struggle, supported by international public
opinion, the improvement of President Milosevic's health has not been
obtained, due to the ICTY's repeated obstructions. A satisfactory medical solution is not apparent, although the proceedings against President Milosevic have gone on four years. The ICTY, in the name of efficiency, imposed a strenuous schedule for the presentation of the defense, which has had harmful consequences on President Milosevic's health. The Prosecution case was not subject to such constraints.
3. Restrictions put on visitation rights and phone contacts are inhuman
and are basically devised to augment the psychological, physical and
emotional stress of President Milosevic. These and other forms of harassment are applied to diminish President Milosevic's capacities for his defense, and to achieve the further deterioration of his health.
4. Numerous and amply supported demands that president Milosevic should be temporarily released for medical treatment, supported by medical and legal experts and the public at large, have been until now repeatedly rejected owing to pressure from the Prosecution.
C. Abuses against and harassment of President Milosevic's family
1. Matching the pressure placed on President Milosevic since his
detention in The Hague Penitentiary, this persecution is augmented by the ill treatment and abuses inflicted on the members of his immediate family.
2. We would like to reiterate the unspeakable shame that his wife has
for almost three years been forbidden to visit him. His son and daughter have not been able to visit him at all.
3. It is astonishing but true that all of the adult members of his
immediate family have been charged with absurd accusations. None of these has been proven, and those against his son have been dropped. These ridiculous allegations and special decisions on restricted entrance to the EU that have been invoked against President Milosevic's family make it impossible for his family to visit at the present time. These restrictions on entrance are enforced by the decisions of the Prosecution.
4. His wife is being charged without proof of illegal influence on a
decision making body to allocate a flat to another person.
5. The charge against President Milosevic's son that was in effect for
almost four years, stating that he allegedly beat and intimidated a young member of an opposition political group, was revoked a month ago. Old untruthful accusations against him are repeated, and fresh ones are newly produced.
6. His daughter had to move to Montenegro to live unmolested. She has been persecuted by ongoing proceedings since 2002, with the aim of convicting her for her behavior during the night of President Milosevic's abduction.
7. All of these accusations are viciously and purposely aired in
different media trying to augment the manifold pressures put on President Milosevic.
8. To our knowledge, this is the first time that an indicted person has
had members of his immediate family prosecuted as well, and for a series of invented crimes. These accusations stand as collateral pressure on President Milosevic. This is done with the intent of shattering his defense abilities.
IV.
In view of all of the above, we, members of the International Committee for the Defense of Slobodan Milosevic are demanding:
Of the UN Security Council:
That for the purpose of permitting President Milosevic to complete his
defense, and in light of the facts that have been unambiguously proven:
1. discontinue the proceedings against Slobodan Milosevic.
2. the health and life of President Milosevic be protected.
3. all forms of pressure on President Milosevic and his family members be suspended.
4. the proceedings against President Milosevic be suspended so as to
allow the stabilization of his health condition.
5. The International Committee for the Defense of Slobodan Milosevic
notes the disastrous consequences of the breakup of the FRY, and the fact that the arrest and political trial of President Milosevic has provided further encouragement for the commission of acts of terrorism - including full-blown pogroms-- in Kosovo and Metohija .
6. The Security Council must terminate the operations of the ICTY, as
it has not contributed to the process of reconciliation. Instead, it has
only worsened inter-ethnic relations in the territory of the former SFRY.
7. To immediately issue a decision granting additional time to
President Milosevic so that the witnesses he has planned will have the
opportunity to testify.
8. President Milosevic sought the unity of the Yugoslav Federation, and did so against foreign aggression and terror. Those who were spurring and supporting terrorism in the territory of the former SFRY, and particularly in the FRY - in Kosovo and Metohija - should be brought to justice regardless of their nationality and social position.
9. To immediately undertake any measure necessary in order to allow an adequate diagnosis of President Milosevic's health condition, by allowing different medical teams to examine him.
10. To undertake any step necessary, including provisional release of
President Milosevic, in order for his health to stabilize.
11. To immediately, without any delay, abolish all limitations on visits
from President Milosevic's family members.
12. All of the above are necessary for ensuring normal conditions for the resumption and finalization of the process being illegally conducted against President Milosevic before the International Criminal Tribunal for the Former Yugoslavia (ICTY).
[1] "Terrorism" is here defined as designating acts of violence carried out against, and targeting, the civilian population of a sovereign state against which that state has the right (and the obligation) to protect its citizens, as well as acts of violence perpetrated against those state agents mandated to protect the civilian population (and constitution). The definition we propose is not that which continues to be used by the same powers that waged a war of aggression against Yugoslavia: that is, the exercise of lawful resistance of peoples to aggression and occupation.
************************************************************
Belgrade, 18 November. Sloboda/Freedom Association started collecting signatures for Peoples Initiative in order to put on agenda of the Serbian Parliament a demand for provisional release of President Milosevic due to his ill health and appropriate state guarantees for that. According to the Serbian Constitution, for such an initiative, 15 thousand signatures are needed.
**************************************************************
P R E S S R E L E A S E
Behavior of the Hague "tribunal" puts at stake the life of
President Milosevic. An immediate reaction of the authorities in charge in Serbia and in the State Community, as well as of the UN Security Council is needed in order to change this behavior.
An international team of medical experts from France, Russia and
Serbia, that examined President Milosevic on 4 November, has concluded that he has to have at least six weeks of total rest, with no physical or mental activities. It is clear that for such a worsening of President Milosevic's health it is only the "tribunal" to be blamed.
However, the "tribunal" has made these days a dangerous and
insolent challenge to human rights, UN Organization, medical and legal profession, by neglecting the findings and the conclusions of the medical experts and by bringing ill President Milosevic into the court room - an act that endangered his life.
We call upon all medical doctors, lawyers, institutions for
protection of human rights and all honest people at home and abroad to join the appeal of the International Committee to Defend Slobodan Milosevic and of the Freedom Association and to act now to stop the crime in its final phase.
The Hague proceedings must be suspended and President Milosevic
has to be provided with a medical treatment in freedom, so that he would be able, after recuperation, to continue taking part in the proceedings.
FREEDOM ASSOCIATION - NATIONAL COMMITTEE FOR LIBERATION OF PRESIDENT
SLOBODAN MILOSEVIC
Belgrade, 18 November 2005
************************************************
TO THE MEMBERS OF THE UN SECURITY COUNCIL
TO THE UN SECRETARY GENERAL
TO THE UN HIGH COMISSIONER FOR HUMAN RIGHTS
Belgrade, 15 November 2005
Sloboda/Freedom Association from Belgrade has honor to propose to your kind attention and urgent consideration the three below documents concerning the human rights of the long term President of Serbia and Yugoslavia, Mr. Slobodan Milosevic - the urgent Joint Conclusion of the International Committee to Defend Slobodan Milosevic and Sloboda /Freedom Association, the
Conclusion of the medical experts from France, Russia and Serbia who recently examined President Milosevic and the Declaration of the
International Committee to Defend Slobodan Milosevic.
We believe that you would act without delay in accordance with your
competence and universally recognized human rights in order to protect the
life and health of President Milosevic and to prevent the possibility of his
trial in absentia.
Respectfully,
Chairman of the Board of Sloboda/Freedom Association
Bogoljub Bjelica
*********************************************************
JOINT CONCLUSION OF THE INTERNATIONAL COMMITTEE FOR THE DEFENSE OF SLOBODAN MILOSEVIC AND THE "SLOBODA" ASSOCIATION - NATIONAL COMMITTEE FOR LIBERATION OF PRESIDENT SLOBODAN MILOSEVIC FROM THE MEETING HELD
IN BELGRADE ON 12 NOVEMBER 2005
The International Committee for the Defense of Slobodan
Milosevic and the "Sloboda" Association - National Committee for Liberation of Slobodan Milosevic have received a medical report of the health condition of President Slobodan Milosevic dated 4 November 2005, which raised a deep concern on the part of the International Committee members. His health is seriously endangered, which is largely due to his extraordinary human efforts in the struggle for presenting truth, and the prison conditions in which he is living. He is investing additional efforts so as to definitely win his struggle for the truth, and he is doing that to the detriment of his own health in the light of the threat that the Defense Counsel imposed by the ICTY whom he does not accept will be activated.
Our view is that the price of his defense must not be his health
and his life.
We are demanding immediate suspension of the trial at least for
a 6-week period as proposed by medical doctors, in order to allow him the indispensable rest and medical treatment. Any attempt to try him in absentia, and thus abuse the fact of his deteriorated health condition, would destroy any illusion of these proceedings. "The Tribunal" has to observe the medical advice that was provided, and show respect for the fact that human life and health are above all other values.
Once the health condition of President Milosevic has improved, he will continue with all his strength the struggle for truth and justice he is carrying out in The Hague for the benefit and welfare of the Serb people and the entire mankind.
In Belgrade, on 12 November 2005
INTERNATIONAL COMMITTEE FR THE DEFENSE F SLOBODAN MILOSEVIC
/signed/
Ramsey Clark Sergei Baburin Velko Vlkanov
"SLOBODA" ASSOCIATION - NATIONAL COMMITTEE FOR LIBERATION
OF PRESIDENT SLOBODAN MILOSEVIC
/signed/
Bogoljub Bjelica
**********************************************************
CONCLUSION COLLECTIVE DE L'EXAMINATION MEDICALE CONSILIAIRE DE MONSIEUR SLOBODAN MILOSEVIC, EFFECTUEE LE 04.11.2005
Compte tenu des résultats des examens médicaux consultés dans le
dossier et réalisés lors de la visite du 4 novembre 05 on peut conclure que l`état de santé du patient n'est pas stabilisé et que des complications sont possibles. Cet état nécessite de poursuivre les explorations avec pour objectifs de préciser la ou les origines des troubles présentés.
Il est ainsi nécessaire de proposer au patient une période de
repos, c'est à dire la cessation de toutes les activités physiques et
psychiques au cours d'une période de 6 semaines au minimum, ce qui permettra probablement de diminuer les troubles ou tout au moins de les stabiliser, puis autorisera la réalisation des procédures diagnostiques supplémentaires nécessaires pou adapter au mieux la thérapeutique.
La rapport définitif et détaillé de chaque expert sera rédigé et
soumis ultérieurement.
CONSILIUM DES DOCTEURS
Margarita Shumilina, Ph.D, angiologue
Professeur Florence Leclercq, Ph.D, cardiologue
Professeur Vukasin Andric, Ph.D, otorinolaringologiste
*******************************************************
From: "Vladimir Krsljanin" <slobodavk@yubc.net>
To: "cdsmireland" <cdsmireland@eircom.net>
Sent: Sunday, November 20, 2005 11:41 PM
Subject: Serbian doctors call for suspension of Milosevic process
Belgrade, 20 November. Two most famous Serbian cardiologists, together with five other renown Serbian university professors of medicine, appeared today in a press conference in Belgrade raising their voice against threatening the life and health of President Milosevic by the Hague "tribunal". They issued a written appeal and invited all colleagues - medical doctors to join it. In the press conference, the statement of 120 members Medical Academic
Forum was also presented. English translation of the both texts is given
below.
***************************************************************
APPEAL TO PROTECT HEALTH AND LIFE
OF SLOBODAN MILOSEVIC
The reports on deteriorating health condition of the former
president of Serbia and Yugoslavia Slobodan Milosevic have been followed with deep concern.
The findings of the international medical team, after
examination of 4 November 2005 additionally troubled us. They clearly show that Slobodan Milosevic needs a break for additional medical check and appropriate medical treatment but not in prison conditions.
We, doctors and humanists were appalled by the fact that the
trial chamber in charge of the case against president Milosevic failed to seriously consider the medical findings and recommendations of our
colleagues who attended him, opting for continuing the process until he almost collapsed in the very court room.
Such a conduct by the members of the chamber is inadmissible.
The right to life and the right to health supersede any other
right, supersede the very court itself. No court is entitled to try anyone
at the cost of one's health and one's life.
Further to the above we call for:
1) Suspension of trial to Slobodan Milosevic for six weeks as proposed
by the international team of medical doctors, composed of university
professors from France, Russia and Serbia, specialists in cardiology,
angyology and otorhinolaryngology.
2) Treatment during suspension of trial as the international team of
doctors proposed, and make additional examinations as they recommended;
3) The medical doctors, possibly, designated by the trial chamber
should be at least of the same scientific and professional level as the
members of the international team, including those to be proposed by
Slobodan Milosevic, himself;
4) Treatment of Slobodan Milosevic must fully comply with the
international norms on human and civil rights including the respect for the Lisbon Declaration concerning the freedom of choice of the doctor and the institution the patient confides.
Failing to stop the process at the moment when health and very
life of Slobodan Milosevic are at risk is an inadmissible and drastic
example of violation of his basic human rights. Permanent threat of
activating an imposed defense counsel, not acknowledged by himself, in the case of his illness, amounts to an extortion of partaking in the process at the cost of own health. Slobodan Milosevic must be given a chance to recover and restore his capacity to participate in the process, which must be suspended till then.
We call on all our colleagues - doctors to join us in this appeal in the name of humanities and defense of the fundamental human rights. In Belgrade, 20 November 2005
Prof. Dr. Sc. Med. SRECKO NEDELJKOVIC, cardiologist, full member of the Academy of Medical Sciences, Serbian Medical Society
Prof. Dr. Sc. Med. SVETOMIR STOZINIC, cardiologist, full members of the Academy of Medical Sciences, Serbian Medical Society
Prof. Dr. Sc. Med. VLADA SLAVKOVIC, internist
Prof. Dr. Sc. Med. VASILIJE DRECUN, internist
Prof. Dr. Sc. Med. MILOS JANICIJEVIC, brain surgeon, full member of the Academy of Medical Sciences, Serbian Medical Society, member of the Science Society of Serbia
Prof. Dr. Sc. Med. VOJISLAV SUVAKOVIC, epidemiologist, full member of the Academy of Medical Sciences, Serbian Medical Society Prof. Dr. Sc. Med. MOMCILO BABIC, specialist in social medicine
******************************************************
MEDICAL ACADEMIC FORUM
Belgrade, 20 November 2005
Today we have come together in a quest to publicly voice our deep concern over the violation of human rights, among them the right to life and medical care of a sick man.
Intolerance, demonstrated by a judge of the Hague tribunal in the last few days, towards apparently ill President Milosevic, due to his refusal to be represented by a counsel, culminated in the blunt negligence of evident symptoms of illness and request to Slobodan Milosevic to continue with witness examination.
The counsel of defense has been taken ill, honorable justice, the best one that Mr. Milosevic could have possibly chosen. Or has he no right to get ill, by the way, judge alike?
Hence, the trial must be urgently suspended in our view and further to the medical findings, for 6-8 weeks, minimum.
And moreover, a medical expertise of his illness must be provided, by
specialist ready to undertake it voluntarily and at no cost for the court,
either here or there.
Under the supervision of official doctors who evidently have no high
credentials.
This association counts 120 medical doctors of academic provenance from Serbia, Montenegro and the world.
We, in the association, voice our protest and request to stop further
prostration of an ill man because it can amount to an execution.
Provide him with medical care - immediately and without any delay - you are aware of your obligation to do so under any judicial standards, because if not you are accomplices in a premeditated killing, which we hope you won't dare.
******************************************************
Urgent Appeal by German Physicians to safeguard the life and health of Slobodan Milosevic
To: Mr. Fausto Pocar,
Mr. Patrick Robinson,
Mr. Timothy McCormack
20. November 2005
Dear Sirs,
Three years ago, on 11 November 2002, we made our first submission to the President of the ICTY, the Presiding Judge of Trial Chamber III and the Amici Curiae in the case against Slobodan Milosevic, expressing our deep concern about the treatment, which Mr. Milosevic is receiving from the ICTY.
We stated then:
"It is not only incomprehensible, but outrageous, that Mr. Milosevic is not under constant medical observation and check-ups and does not get adequate medical treatment. This way of dealing with a person whose life is - with all consequences - in your responsibility, can only be called irresponsible and leads to the question of motives. It is in total contradiction to various documents and resolutions of the United Nations concerning the treatment of imprisoned persons. Those regulations should be fully recognized by representatives of UN institutions."
Later on the Trial Chamber received a report of the medical examination of Mr. Milosevic conducted by the cardiologist Dr. P. R. M. van Dijkman, confirming "essential hypertension with secondary organ damage", mentioning"the possibility of coronary disease, cerebrovascular accident, heart attack and death".
On 18 September 2003, we again addressed the ICTY, demanding that"Mr. Milosevic should be provisionally released for an adequate, longer period of time, so that during the preparation of his defence he can have medical treatment and control by his long time doctors in Belgrade."
Not only did the Tribunal not grant Mr. Milosevic provisional release, but instead, his health situation was used as an excuse to deprive him of his basic rights as an accused person, when the Trial Chamber imposed counsel on Mr. Milosevic against his will on September 2, 2004, and when the Appeals Chamber on November 1, 2004, ruled that "the presence of Assigned Counsel will enable the trial to continue even if Milosevic is temporarily unable to participate"
The threat, that in case of his illness his Defence case would be conducted by Assigned Counsel against his will and in violation of his basic rights, has imposed even more mental stress on Mr. Milosevic, as he is being faced with the constant fear of not being able to be present in the courtroom for medical reasons.
On 4 November 2005, a medical examination of Mr. Milosevic was conducted by three international specialists, who in essence came to the conclusion that court proceedings would have to be interrupted, in order to allow Mr. Milosevic a period of total physical and mental rest of at least six weeks.
The Trial Chamber being aware of this conclusion nevertheless let the
proceedings continue as usual, which led to Mr. Milosevic demanding the court session to be ended on Wednesday last week.
We, the undersigning physicians practising in Germany, demand that the advice of the international specialists, who have examined Slobodan Milosevic, be observed and the court proceedings be halted for at least six weeks, whereas we confirm our opinion that the most adequate solution would be a provisional release of Mr. Milosevic for an extended period of time.
Once again we express our concern about the treatment which Slobodan Milosevic is receiving from the ICTY, as no due attention is being paid to his precarious health situation.
In our view the only responsible solution for dealing with the constraints of court proceedings caused by the ill health of the accused is a proper medical treatment, not deprivation of his basic rights before the court. We strongly oppose any move to put Assigned Counsel in charge of the Defence Case, as long as Slobodan Milosevic is not able to attend the courtroom for health reasons.
Respectfully
Dr. med. Uta Mader
on behalf of signatories
Initiative von in Deutschland praktizierenden Ärzten und Therapeuten
Initiative of medical Doctors and Therapists practising in Germany
DR. MED. UTA MADER, MATTHIAS JOCHHEIM, PROF. DR. MED. HABIL. ILSE EISEN-HAGEMANN, DR. PHIL. HANS-PETER BRENNER, PROF. DR. MED. HABIL. INGEBORG RAPOPORT, PROF. DR. MED. DR. PHIL. DR. HC. MULT. SAMUEL MITJA RAPOPORT (verst.), DR. MED. CHRISTA ANDERS, DR. MED. ERNST BELLMER, DR. MED. IRIS JONKANSKI, DR. MED. MICHEL HÜHN, BARBARA MÜHLFELD, DR. MED. HERBERT WOLF
******************************************************
June Kelly
for International Committee to Defend Slobodan Milosevic (Irish Section)
Mobile: 086 1963134
cdsmireland@eircom.net
www.icdsmireland.org
ICDSM INTERNATIONAL CONTACTS:
Vladimir Krsljanin,
Foreign Relations Assistant to President Milosevic (Belgrade)
00381 638862301 - 0038111630549 - slobodavk@yubc.net
Tiphaine Dickson Legal Spokesperson for President Milosevic(Montreal) +1 450 263 7974
Ramsey Clark (former US Attorney General) (New York) +1 212 475 3232
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INTERNATIONAL COMMITTEE TO DEFEND SLOBODAN MILOSEVIC
ICDSM Sofia-New York-Moscow www.icdsm.org
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Velko Valkanov, Ramsey Clark, Alexander Zinoviev (Co-Chairmen),
Klaus Hartmann (Chairman of the Board), Vladimir Krsljanin (Secretary),
Christopher Black (Chair, Legal Committee), Tiphaine Dickson (Legal
Spokesperson)