31 January. 2002
Violations of law in the case of Slobodan Milosevic
Motion for a resolution
presented by Mr Guennady Ziuganov and others
This motion has not been discussed in the Assembly and commits only the members who have signed it
1. The Assembly notes that new facts have emerged concerning the involvement of Osama bin Laden, leader of the Al Qaeda terrorist organization, 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 1998-99 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 of 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 illumination of his cell 24 hours a day, 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 Centre conform to the generally accepted norms of human rights.
Signed : 1
Ziuganov, Russia, UEL
Bakulin, Russia, NR
Carvalho, Portugal, UEL
Chaklein, Russia, UEL
Christodoulides, Cyprus, UEL
Churkin, Russia, UEL
Gamzatova, Russia, UEL
Gostev, Russia, UEL
Kanelli, Greece, UEL
Manukyan, Armenia, UEL
Marmazov, Ukraine, UEL
Melnikov, Russia, UEL
Neguta, Moldova, UEL
Oliynyk, Ukraine, UEL
Rakhansky, Ukraine, UEL
1 SOC: Socialist Group
EPP/CD: Group of the European People’s Party
EDG: European Democratic Group
LDR : Liberal, Democratic and Reformers’ Group
UEL: Group of the Unified European Left
NR: not registered in a group