Doc. 9517

8 July 2002

Serious violations of law in the Case of Mr Slobodan Milosevic

Motion for a resolution

presented by Mr Churkin and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1.       The Assembly expresses concern over the character of the proceedings at the Hague Tribunal for former Yugoslavia in the case of Mr Milosevic. There are reports of violations of generally accepted norms of law, especially of Mr Milosevic’s human rights and his right to have a proper defence.

2.       Mr Milosevic is constantly cut off during cross examination of the witnesses and that deprives him of his right to expose the false claims of some of the witnesses. He is deprived of sufficient rest, access to fresh air and proper facilities to prepare his defence. He is not allowed to see the doctors and lawyers of his choice.

3.       By combining the indictments the prosecution gets an unacceptably long time to present his case. Thus the accused will be imprisoned for years before he can even start defending himself.

4.       Mr Milosevic is treated as if he has already been convicted. He is being held in a cell and under constant surveillance, his mail is being censored, family visits are restricted. There are restrictions on what he can see on television and hear on the radio. The right of the general public to obtain objective information on the development of the Milosevic trial is infringed on by a total news blackout.

5.       The Assembly notes that the Hague Tribunal is being used as an instrument of interference into the internal affairs of the Federal Republic of Yugoslavia rather than as an instrument of justice. This contributes to political destabilisation of Yugoslavia which is in need of stability in order to handle its deepening economic and social crisis.

6.       The Assembly resolves to send a fact-finding mission of the Parliamentary Assembly of the Council of Europe to the Hague in order to assess the trial and to report back to the Parliamentary Assembly of the Council of Europe.

Signed (see overleaf)

Signed : 1

Churkin, Russia, UEL

Chaklein, Russia, UEL

Fedorov, Russia, EDG

Galoyan, Armenia, EPP

Huseynov R, Azerbaijan, LDR

Manukyan, Armenia, UEL

Neguta, Moldova, UEL

Oliynyk, Ukraine, UEL

Pysarenko, Ukraine, NR

Rakhansky, Ukraine, NR

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