****************************************************************** 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 ******************************************************************
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 **************************************************************** 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 ***************************************************************** 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. ****************************************************************** 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 ) 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: [EMAIL PROTECTED] Phone: +49 172 7566 014 Vladimir Krsljanin (ICDSM Secretary) E-mail: [EMAIL PROTECTED] 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 ***************************************************************** ***************************************************************** 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/
