Doc. 9343

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