[Marxism] Milosevic :"trial": A witness deserving contempt

["Nestor Gorojovsky" <nestorgoro@xxxxxxxxxxxxxxx>]

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

CONTEMPT, INDEED:

ICDSM Statement on the Contempt Charges Brought Against Kosta 
Bulatovic and the Imposition of In Absentia Proceedings Against 
President Slobodan Milosevic

21 April 2005

The ICTY has now charged a defense witness for Slobodan Milosevic, 
Kosta Bulatovic, with contempt, for refusing to continue testifying 
in the course of proceedings-- known as in absentia-- carried out in 
absence of the accused, who was kept at the ICTY's detention unit, as 
he was too ill to attend the day's proceedings.

 First, in violation of basic legal rights, and indeed of the 
International Covenant on Civil and Political Rights, Slobodan 
Milosevic was denied the right to represent himself. The Trial 
Chamber held that he was too ill to ensure his own representation, 
and rather than order an adjournment of the proceedings, or a stay, 
or a mistrial, or indeed, any other resonable legal measure routinely 
employed by legitimate courts around the world, they instead imposed 
counsel upon an unwilling accused, counsel who'd previously acted as 
parties in the proceedings, a glaring, formal conflict of interest.

 The ICTY has now compounded this violation by carrying out in 
absentia proceedings, and by bringing criminal charges against a 
defense witness who refuses to cooperate with this exceptionally 
transparent attempt to remove the accused fromm his own defense, and 
perhaps to gag him entirely.

 It is increasingly clear that the proceedings undertaken by the ICTY 
against Slobodan Milosevic are themselves in contempt. In contempt of 
the basic rules of International Law and indeed of principles of 
human decency.

An accused person has the right to represent himself and obviously 
has a right to be present for, and participate in, his own trial. To 
go so far as to criminally charge a witness who refuses to cooperate 
with massive violations of rights guaranteed by international 
instruments such as the the International Covenant of Civil and 
Political Rights has brought this institution to a new low, and 
threatens the future of International Law.

 These contempt proceedings are absolutely illegitimate and can only 
serve to set further back the cause of justice and indeed the truth.

 These in absentia proceedings appear to be the result of a 
deliberate design, and were wholly predictable from the very moment, 
last summer, that former U.S. Secretary of State Madeleine Albright's 
two previous employees, David Scheffer and Michael Scharf, publicly 
lobbied in the International Herald Tribune and the Washington Post, 
respectively, for the imposition of the very measures being carried 
out today. Mr. Scheffer did not hide his contempt for internationally 
recognized basic human rights by demanding that late Trial Chamber 
President Richard May "permanently pull in his well-worn leash" by 
gagging President Milosevic, then "pumping the proceedings into his 
cell". Neither Scheffer nor Scharf, in their public demands for the 
gagging of President Milosevic, concealed their view that the ICTY is 
a political rather than legal body. They are both architects of the 
institution, and therefore they would know. Their lobbying appears to 
have been successful and will have devastating effect, as appears to 
be their intention, on any future international criminal proceeding.

Indeed, both have made clear at different moments that their 
intention is to insure that Saddam Hussein, for example, would not 
have the right to claim U.S. aggression against Iraq.

 President Milosevic has always maintained his opposition to this 
body-- as one that was illegally constituted and is employed to 
justify aggression and violate national sovereignty-- as well as his 
firm undertaking to the people of Yugoslavia that he would establish 
that the so-called Balkan wars were in fact one war - a war against 
Yugoslavia, carried out in violation of International Law.

 In order to prevent him from doing this, the most fundamental tenets 
of criminal procedure and indeed of international law must be further 
violated and its future jeopardized.

 There is only one positive aspect of these perverse proceedings: 
they bring clarity to the situation and make clear once and for all 
that the ICTY is not a legal body but instead abuses power that it 
does not even legally possess.



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URGENT FUNDRAISING APPEAL

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

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

 ***********************************************************

3000-5000 EUR per month is our imminent need.

 Our history and our people oblige us to go on with this necessary 
action.

But without these funds it will not be possible.

 Please organize urgently the 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 of your donations will be used for legal and other necessary 
accompanying activities, on instruction or with the 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@xxxxxxxxxx 
Phone: +49 172 7566 014

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

 ***************************************************************

For truth and human rights 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

*************************************************************

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.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.htm (ICDSM Italy) 
http://www.wpc-in.org/ (world peace council) 
http://www.geocities.com/b_antinato/ (Balkan antiNATO center)


Néstor Miguel Gorojovsky
nestorgoro@xxxxxxxxxxxxxxx

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"La patria tiene que ser la dignidad arriba y el regocijo abajo".
Aparicio Saravia
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