Posted on 11/11/2002 5:50:44 PM PST by vooch
Milosevic Rejects Appointed Lawyer
THE HAGUE, Netherlands (AP) - Slobodan Milosevic on Monday rejected prosecutors' demands that the War Crimes tribunal appoint him a lawyer, saying he would keep defending himself despite his failing health.
Milosevic, 61, suffers heart problems and high blood pressure. His poor health has already delayed proceedings by several months since he was brought to The Hague in June 2001.
Milosevic said the proposal by ``the other side,'' as he calls the prosecution, was ``completely illegal, absurd and evil-minded.''
Chief U.N. prosecutor Carla Del Ponte asked the court Friday to appoint him defense lawyer after Presiding Judge Richard May asked both sides to submit ideas for speeding up Milosevic's trial. It is likely to stretch into 2004.
``It cannot be right in principle for the scope of a criminal trial to be dictated by the fact that the accused elects to represent himself,'' Del Ponte wrote to the three-judge panel.
Del Ponte said there is no law ``prohibiting the imposition of counsel on an accused who wants to represent himself.''
Milosevic failed to appear in court Nov. 1, complaining of fatigue. He spends hours preparing his case in his jail cell and personally cross-examining all witnesses.
Looking tired and pale, Milosevic cross-examined a witness Monday after a 10-day unscheduled recess called to give him more rest, but he lacked the vigor and aggressiveness he usually displays.
May and other judges urged Milosevic to consider accepting a defense lawyer, pointing out that there were SEVEN prosecuting lawyers. May said the court would hear more oral argument from both sides before making a ruling on the matter.
During a break in Milosevic's cross-examination, the legal advisers appointed to safeguard Milosevic's interests without formally representing him said his health was poor and that he should not have had to cross-examine the witness, Mustafa Candic, a former Yugoslav army intelligence agent.
Lawyer Branislav Tapuskovic also said that Milosevic had not been seen by a doctor in three days.
Tribunal spokesman Jim Landale has said Milosevic's medical reports are confidential and declined to give further details about his health care.
Milosevic's brother, Borislav, told the Moscow-based Interfax news agency on Monday that his brother urgently needs medical attention, and that he is not getting proper treatment in the Hague prison.
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It seems to me that Milosevic already has the sharpest lawyer possible. It is apparent that those against him don't have much of a case. What needs to be done is not to appoint a marginal lawyer for the defense, but simply to call an end to this madness. I suspect there is too much ideology and ego involved to do what should should be done.
Somewhere I read that the UN Tribunal costs $100mm a year.
Do you have a source for that? Thanks.
Del Ponte said there is no law...
Perhaps the prosecution should be limited to one prosecuting lawyer.
IMO the Judges determine the length of the 'trial' and appear in cahoots with the 'prosecution'. I was convinced, in less than a month, by the 'tribunal' itself, that Milosevic had the better case and it was all a 'sham'. Yet we still see a parade of coached 'witnesses' giving apparenty 'massaged testimony', that no way can be 'called' evidence.
Tuesday November 12, 2002 2:40 PM
THE HAGUE, Netherlands (AP) - Slobodan Milosevic did not appear at his war crimes trial Tuesday because of exhaustion, a day after rejecting demands he accept a defense lawyer to ease the burden of the trial on his health and speed up the legal process.
The former Yugoslav president has conducted his own defense, spending hours preparing his case in his jail cell and personally cross-examining witnesses.
Milosevic, 61, suffers from heart problems. His poor health already has delayed proceedings by more than a month since he was brought to The Hague in June 2001.
Presiding judge Richard May ordered a medical report on Milosevic's health Tuesday to find out when can he resume trial.
Chief U.N. prosecutor Carla Del Ponte said the court should appoint a defense lawyer for Milosevic. She said his decision to keep representing himself is stalling the trial.
In court Monday, his first appearance after a 10-day recess due to illness, Milosevic rejected the prosecutor's proposal and called it ``completely illegal, absurd and evil-minded.''
Looking tired and pale, he asked for a break from the trial to review the volume of evidence, which he said was enormous.
The indictment covers war crimes Milosevic allegedly committed in Croatia, Bosnia and Kosovo during the Yugoslav wars of the 1990s.
Judge O-Gon Kwon asked prosecutor Geoffrey Nice on Tuesday if the volume of the indictment could be reduced.
Nice said the case was already at an irreducible minimum and further reductions would make it impossible to do justice.
The former Serb leader could be sentenced to up to life imprisonment if convicted of any of 66 counts of war crimes he is charged with.
Milosevic's brother and supporters Monday demanded his release for medical reasons.
Tuesday, 12 November, 2002, 09:55 GMT Sick Milosevic causes new trial delay
Milosevic has complained about fatigue and exhaustion
The war crimes trial of Slobodan Milosevic has been adjourned for the fifth time because of the former Yugoslav president's continuing ill health.
"The report has come from the detention unit that the accused has said he is tired and his blood pressure is described as being too high," residing judge Richard May told the court.
Last week there were also no hearings in the case as Mr Milosevic, aged 61, complained of exhaustion and fatigue.
The latest adjournment comes after Mr Milosevic on Monday rejected prosecutors' demands for him to be obliged to take a defence lawyer, in order to speed up proceedings.
He accused the prosecution of trying to stop him speaking and vowed to continue with his own defence.
Milosevic pale
Last week Judge May asked for the parties involved in the trial to make suggestions that would help to ensure that the trial is completed in reasonable time.
Judges ordered a medical report that is to focus on "the current state of health of the accused, when he is likely to be able to resume the trial and the prognosis as to his future fitness".
After extensive health checks earlier this year, doctors found Mr Milosevic was facing "severe cardio-vascular risks" and recommended shorter trial days.
The new system, designed to ease the workload the former Yugoslav president, began with the second part of the case, focusing on Bosnia and Croatia, started on 25 September.
Correspondents say Mr Milosevic looked pale in court on Monday, after a 10-day break. He called the suggestion to appoint defence counsel "illegal and absurd" and threatened to take his case to the European Court of Justice if he was no longer allowed to defend himself.
He asked the judges to grant him provisional release, to give him time to read 200,000 pages of documentary evidence and listen to thousands of the prosecution's cassette tapes.
Influenza
Prosecutors argue that he is not entitled to defend himself; the tribunal statutes say that, while he has that right, he may also have legal assistance assigned to him in the interests of justice.
The judges said that the question is debatable under international law and they will need time to consider it.
The former Yugoslav leader has suffered several times from influenza, causing long adjournments in the trial, which began in February.
BBC legal affairs analyst Jon Silverman say that from the court's point of view the worst thing that could happen would be for Mr Milosevic to die, as it would then face accusations that it killed him.
Judge May has asked prosecutors to conclude their case by May for all alleged crimes, including those in Croatia and Bosnia.
Mr Milosevic is scheduled to begin his defence then.
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