PROTEST
Rome, 3 September 2004
As a modest scholar of international law I am totally horrified in front of
the last steps by the Hague "Tribunal" (Judges and Prosecution) in re
Milosevic.
The imposition of a counsel on President Slobodan Milosevic is an act of
brutal violence which demonstrates only the "Tribunal's" disarray and
impossibility to counter Slobodan Milosevic's arguments. The way to continue
and conclude its "job" with the preordained conviction is to silence
President Milosevic.
An illegal "Tribunal", created by U.N. Security Council with an arbitrary
and dictatorial interpretation of the Charter; a monstrous indictment
founded on an artificial construction aberrantly basing on presumption
outside the provisions of the ICTY Statute and contrary to the fundamental
principle nullum crimen sine lege, to general principles of criminal law in
every country, to human rights in the matter and to the rule of strict
interpretation in criminal law: honourable "judges" in such a context should
at least abide by "their" Statute, the ICTY Statute. They should know that
no analogy or more than broad interpretation is allowed: in claris non fit
interpretatio, no (own) interpretation is permitted where the letter of the
law is clear. Art. 21, par. 4, of the ICTY Statute expressly declares that
the accused "shall be entitled to the following minimum guarantees. d) to be
tried in his presence, and to defend himself in person or through legal
assistance of his own choice". This formulation is clear and does not allow
any deviation or exception. The "Tribunal" may not substitute for the
accused neither in choosing between "defence by himself" or defence through
legal assistants nor in choosing such assistants.
The imposition by ICTY is the utmost aberration and the conclusive evidence
of the political and arbitrary character of the ICTY and of the whole
Milosevic trial (and of the other trials too).
No honourable lawyers should cooperate with that enormity. U.N. Security
Council should condemn the operation but best of all do away with the "Hague
Tribunal".
I protest with my full strength against this perversion of every juridical
concept, of every sound idea of the rule of law, of the most fundamental
human rights of President Milosevic.
History will judge ICTY and its operations through continually judge-made
law in the same manner as the perverted legal conception of the Nazis.
Aldo Bernardini
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www.icdsm.org
www.icdsm.org
www.icdsm.org
www.icdsm.org
www.icdsm.org
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THE LIFE OF PRESIDENT MILOSEVIC AND THE INTERNATIONAL LAW ARE IN PERIL.
JOIN THE INTERNATIONAL LAWYERS' PETITION:
http://www.icdsm.org/Lawappeal.htm
JOIN THE INTERNATIONAL ARTISTS' APPEAL FOR MILOSEVIC:
http://www.icdsm.org/more/artists.htm
SUPPORT THE ICDSM:
http://www.icdsm.org/
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You can find detailed instructions at:
http://www.icdsm.org/battle.htm
(please also follow the links therein) or
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You can make transfers to ICDSM accounts in Europe:
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
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THE ILLEGAL HAGUE PROCESS MUST END.
Statement by the President of the World Peace Council Orlando Fundora (Cuba)
http://www.icdsm.org/more/fundora.htm
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VIDOVDAN PEOPLE'S RALLY IN BELGRADE ORGANIZED BY SLOBODA to mark the third
anniversary of kidnapping of President Milosevic
http://www.icdsm.org/more/galery2806.htm
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SLOBODA urgently needs your donation.
Please find the detailed instructions at:
http://www.sloboda.org.yu/pomoc.htm
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)
Serbian News Network - SNN
[EMAIL PROTECTED]
http://www.antic.org/
