Now we can get a conviction!
Posted on 09/02/2004 10:53:24 AM PDT by Jane_N
THE HAGUE, Netherlands (AP) - The U.N. war crimes tribunal on Thursday imposed two defense lawyers on Slobodan Milosevic in an effort to end repeated trial delays and because doctors have warned that representing himself threatens the former Yugoslav strongman's health.
The tribunal's judges named British attorneys Steven Kay and Gillian Higgins, until now court observers ensuring fair proceedings, as Milosevic's defense counsels. They will take over the case from Sept. 7 when his first witnesses are due to be called.
The former Yugoslav president protested the decision to impose a lawyer on him and said he will appeal.
Judges and prosecutors agreed Milosevic could still name a lawyer of his choice - his legal research is being handled by three assistants from Belgrade - and that he could remain actively involved in conducting his defense.
``It is plain from the medical reports that the accused is not fit enough to defend himself,'' said presiding Judge Patrick Robinson.
Milosevic, 63, who has used the 2-year trial as a platform for his political views, has refused to accept a lawyer who would replace him in examining witnesses.
``I want the appeals chamber to consider this decision of yours, illegal, which violates international law , which violates every conceivable covenant on human rights,'' Milosevic told the judges.
``At a moment when I am supposed to exercise my right to defend, you decided to deprive me of that right. That's a scandal. You cannot deny me the right to defend myself,'' he said, seated alone at the defendant's table.
Robinson cut off Milosevic's microphone and said the judges had extensively considered their decision, which was final.
Kay, a British lawyer who was a defense attorney in the first case to come to trial at the Yugoslav tribunal in 1995, was appointed a ``friend of the court'' in the preliminary stage of the Milosevic case in 2001. Higgins, also a British attorney, replaced one of the three neutral legal observers in February.
Kay told the court earlier Wednesday the role of defense counsel was totally different from that of a friend of the court, even though his function has been to protect Milosevic's rights by making legal submissions and questioning witnesses.
He said the appointed lawyer would have to base his work on the preparations and witness list Milosevic already has made, though it will be difficult to catch up on every witness and piece of evidence.
``The scale - it doesn't get bigger than this,'' he said.
By a vote of 2-1, the court also rejected Milosevic's request on Wednesday for a new round of medical tests by independent doctors. Robinson dissented, saying the issue was too important to be left in any doubt.
Robinson said two court-assigned doctors who examined Milosevic concluded that he suffers ``severe essential hypertension'' and that continuing to represent himself could lead to ``a potentially life threatening situation.''
They said that by allowing him to continue representing himself ``there is a real danger that this trial might last an unreasonably long time,'' Robinson said.
The judges recognized the right of a defendant to represent himself, but cited his lengthy periods of illness saying that right ``is not unfettered.''
The ruling was applauded by observers. ``He will get a far better case by being represented professionally,'' said Judith Armatta of the Coalition for International Justice.
Milosevic's bouts of fatigue and high blood pressure already have caused the suspension of hearings more than a dozen times and the loss of 66 trial days during the presentation of the prosecution case, which concluded in February. Since then, the beginning of the defense was postponed five times due to his health.
After wrapping up the opening statement of his defense case Wednesday, Milosevic sparred with prosecutors who cited medical reports from last week that he was refusing to take prescribed medication.
Prosecutors Geoffrey Nice said Milosevic ``is manipulating this tribunal'' with his health problems, and urged the court to assign him a lawyer who could continue the defense when Milosevic is too ill to attend sessions.
``This is highly improper,'' Milosevic responded. ``You do not take away somebody's right to self defense when he is sick.''
Also Wednesday, another three-judge bench of the International Criminal Tribunal for the former Yugoslavia acquitted a Bosnian Serb leader of genocide, but convicted him of eight other charges.
The verdict in the five-year trial of Radislav Brdjanin, wartime leader of the autonomous Krajina region of Bosnia, should encourage Milosevic, who also faces charges of genocide among more than 60 counts of war crimes.
Brdjanin, 56, a powerful Serb figure at the start of the Bosnian war in 1992, was convicted on eight of 12 charges and sentenced to 32 years imprisonment - a surprisingly lengthy term in view of the acquittals on the most serious charges related to genocide and extermination.
Despite a Serb campaign of mass murder, torture and deportations of non-Serbs, the court said the brutality fell short of genocide, which requires stringent proof the sole intent was to wipe out the Muslim and Croat communities.
The acquittal was a setback for prosecutors who placed genocide at the center of Milosevic's indictment. He is accused of responsibility for the deaths of more than 7,500 Bosnian Muslim men and boys in the U.N.-protected enclave of Srebrenica in 1995.
Kangaroo Court is forcing lawyers on Milosevic. So much for democracy and respecting the right to defend oneself.
The UN and Lawyers. Is it even possible for anything more disgusting to exist. Truly a marrige of pure evil!
I guess he was doing too good a job in defense by his lonesome. The prosecution has been so bad that Milosevic will definitely need lawyers to lose this one.
This oughta crack him for good. Can we throw some life insurance salesmen in there while we're at it?
Wow...how fair! And I was wondering why the US was fighting such international courts and tribunals when they go out of their way to ignore your rights.
[smirk]
From the UN homepage:
UN war crimes tribunal imposes defence lawyers on Miloševic to reduce delays
2 September 2004 – The United Nations war crimes tribunal for the former Yugoslavia today imposed defence counsel on Slobodan Miloševic, the former Yugoslav president facing genocide charges, to ease his workload and reduce the chance of further delays to his already long-running trial.
The judges at the International Criminal Tribunal for the former Yugoslavia (ICTY), sitting in The Hague, said British lawyers Steven Kay and Gillian Higgins, who have been acting as observers at the Tribunal to ensure Mr. Miloševic receives a fair trial, should be appointed to the post by the Registrar.
But the judges said that if Mr. Miloševic made "a reasonable request" to instruct his own counsel, they would consider it. Funding is also being made available if the new lawyers need extra staff.
The new counsel are scheduled to take up Mr. Miloševic's case from next Tuesday.
Presiding Judge Patrick Robinson of Jamaica said the judges decided to impose counsel because Mr. Miloševic had rejected previous suggestions to use counsel and opted to represent himself.
The trial of Mr. Miloševic has been delayed many times because of his continuing heart problems, and Tribunal-appointed doctors have said the effort of representing himself in court is harming his health.
Mr. Miloševic - who has been on trial since February 2002 - is facing charges of genocide, crimes against humanity and other war crimes for his role in Bosnia and Herzegovina, Croatia and Kosovo during the 1990s.
http://www.un.org/apps/news/story.asp?NewsID=11814&Cr=icty&Cr1=#
The UN Court is the court of the one world govt anti-christ. The star chamberof the Beast.
It is so obvious. Here comes the judge:
No one Serb ever threatened an American.
The whole "human rightser" community is embarrased by what has been happening with this sham of a "trial", so they are desperate to end it. May this latest injustice be an even GREATER embarrasment to these antichrist ememies of humanity!!!!
FREE SLOBO!!!!
The results were not what the Europeans wanted so they had to get the fix in.
"By a vote of 2-1, the court also rejected Milosevic's request on Wednesday for a new round of medical tests by independent doctors. "
Imagine what we would be hearing that Milosevic confessed, if the trick had been used from the beginning (like it was in the process of Timothy McVeigh)
Only "court" appointed "doctors" can apply.
Here comes the judge:
Whatever - these Slobo threads always bring out our best and brightest.
Carry on.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.