HTTP://WWW.STOPNATO.ORG.UK
---------------------------
A resolution of the Assembly and a process in its Committee on Legal Affairs and Human Rights have been initiated in the last week session by a group of CPRF deputies, joined by their colleagues of the Left from other six countries.
 
 
 Parliamentary Assembly of the Council of Europe

 

Violations of Law in the Case of Slobodan Milosevic

 

24 January 2002

 

Motion for the resolution

presented by Mr. Zyuganov and others

 

1. The Assembly notes that new facts have emerged concerning the involvement of Osama bin Laden, leader of the Al Qaeda terrorist organisation, in supporting the so-called Kosovo Liberation Army. This evidence proves the KLA was part of the international terrorist network. This in turn makes it possible to assess the nature of the conflict in Kosovo in 1998-1999 differently, proving that the aim of the Yugoslav leadership was not to suppress a liberation movement but to fight armed separatism and international terrorism.

2. Slobodan Milosevic was arrested on 31 March 2001. But an investigation by the Yugoslav authorities, which lasted three months, resulted only in an accusation of "abuse of position."

3. The transfer of Mr. Milosevic from Belgrade to The Hague in June 2001 at the demand of the International Criminal Tribunal for Yugoslavia (ICTY) was carried out in gross violation of the Yugoslav Constitution. This was confirmed by the Yugoslav Constitutional Court decision of 6 November 2001. Thus the unlawful transfer of Mr. Milosevic to The Hague may be considered kidnapping.

4. As a result of the kidnapping of Mr. Milosevic, the Yugoslav State was denied the right to a court examination of the accusations leveled against the former head of state, while Mr. Milosevic was deprived of the right to defend himself against those accusations. 

5. The ICTY was created by a decision of the UN Security Council.  However the UN Charter does not permit the UNSC to create judicial bodies. Thus the legitimacy of the ICTY is highly questionable.

6. A group of independent lawyers has submitted a complaint to the European Court for Human Rights in connection with the flagrant violations of law in the “Milosevic case”. However the ICTY authorities prevent free and unmonitored communication between Mr. Milosevic and his lawyers. This violates the generally recognised norms of human rights.

7. During Mr. Milosevic’s detention in Holland his rights have been notably violated by the 24 hour a day illumination of his cell and by monitoring him 24 hours a day, using video and infrared equipment.

8. The Assembly calls on the Dutch and Yugoslav authorities as well as the ICTY to work for the return of Mr. Milosevic to Yugoslavia. That would help end the violation of law caused by his transfer to Holland. It would enable Yugoslavia to exercise its right for a court trial of Mr. Milosevic and it would allow Mr. Milosevic to exercise his right to defend himself.

Until then the Assembly calls on the ICTY to ensure that the conditions of Mr. Milosevic's detention in the UN Detention Center conform to the generally accepted norms of human rights.

 

Signed

Christodoulides Doris (Cyprus), Carvalho Lino (Portugal), Churkin Guennady, Gamzatova Hapisat, Gostev Ruslan, Melnikov Ivan, Zyuganov Gennady, Shaklein Nickolay, Bakulin Vladimir  (Russia), Marmazov Yevhen, Oliynyk Boris, Pakhansky Anatoly (Ukraine), Kanelli Liana (Greece),  Neguta Andrei (Moldova), Manukyan Yuri (Armenia)

 

 

Committee on Legal Affairs and Human Rights

Parliamentary Assembly of the Council of Europe

 

24 January 2002

On Violations of Law

in the Case of Slobodan Milosevic

 

Dear Colleagues,

Recently new facts have emerged concerning the involvement of Osama bin Laden, leader of the Al Qaeda terrorist organisation, in supporting the so-called Kosovo Liberation Army. This evidence proves the KLA was part of the international terrorist network. This in turn makes it possible to assess the nature of the conflict in Kosovo in 1998-1999 differently, proving that the aim of the Yugoslav leadership was not to suppress a liberation movement but to fight armed separatism and international terrorism.

It is necessary to note that former FRY President Slobodan Milosevic was arrested on 31 March 2001. But an investigation by the Yugoslav authorities, which lasted three months, resulted only in an accusation of "abuse of position."

Later in June 2001  Mr. Milosevic was transferred from Belgrade to The Hague at the demand of the International Criminal Tribunal for Yugoslavia (ICTY). But it was carried out in gross violation of the Yugoslav Constitution. This was confirmed by the Yugoslav Constitutional Court decision of 6 November 2001. Thus the unlawful transfer of Mr. Milosevic to The Hague may be considered kidnapping.

As a result of the kidnapping of Mr. Milosevic, the Yugoslav State was denied the right to a court examination of the accusations leveled against the former head of state, while Mr. Milosevic was deprived of the right to defend himself against those accusations.  Furthermore many leading experts on the international law believe that the ICTY created by a decision of the UN Security Council is illegitimate, as the UN Charter does not permit the UNSC to create judicial bodies.

A group of independent lawyers has submitted a complaint to the European Court for Human Rights in connection with the flagrant violations of law in the “Milosevic case”. However the ICTY authorities prevent free and unmonitored communication between Mr. Milosevic and his lawyers. This violates the generally recognised norms of human rights. During Mr. Milosevic’s detention in Holland his rights have been notably violated by the 24 hour a day illumination of his cell and by monitoring him 24 hours a day, using video and infrared equipment.

We are calling on the PACE Committee on Legal Affairs and Human Rights to investigate the mentioned violations on international and national law in the "Milosevic case" and facilitate the return of Mr. Milosevic to Yugoslavia. That would help end the violation of law caused by his transfer to Holland. It would enable Yugoslavia to exercise its right for a court trial of Mr. Milosevic and it would allow Mr. Milosevic to exercise his right to defend himself.

 

 

Signed

 

Christodoulides Doris (Cyprus), Carvalho Lino (Portugal), Churkin Guennady, Gamzatova Hapisat, Gostev Ruslan, Melnikov Ivan, Zyuganov Gennady, Shaklein Nickolay, Bakulin Vladimir  (Russia), Marmazov Yevhen, Oliynyk Boris, Pakhansky Anatoly (Ukraine), Kanelli Liana (Greece),  Neguta Andrei (Moldova), Manukyan Yuri (Armenia)

To join or help this struggle, visit:
http://www.sps.org.yu/ (official SPS website)
http://www.belgrade-forum.org/ (forum for the world of equals)
http://www.icdsm.org/ (the international committee to defend Slobodan Milosevic)
http://www.jutarnje.co.yu/ ('morning news' the only Serbian newspaper advocating liberation)
---------------------------
ANTI-NATO INFORMATION LIST
==^================================================================
This email was sent to: archive@jab.org

EASY UNSUBSCRIBE click here: http://topica.com/u/?a84x2u.a9WB2D
Or send an email to: [EMAIL PROTECTED]

T O P I C A -- Register now to manage your mail!
http://www.topica.com/partner/tag02/register
==^================================================================

Reply via email to