THE HAGUE – Slobodan Milosevic showed defiance during his second appearance before the UN war crimes tribunal in The Hague on Thursday. The former Yugoslav president again refused to appoint a lawyer to represent him in the court, which he again dismissed as illegal. And he said conditions of his detention were a “massive violation” of his rights.
Mr Milosevic appeared in court on Thursday for a so-called status conference to review progress in his case. The former Yugoslav leader faces charges of war crimes and crimes against humanity for his role in the 1998-99 Serb crackdown on Kosovo.
The big question before Thursday’s hearing was how to proceed with Milosevic’s defence. He had earlier refused legal representation, saying he would defend himself. But the absence of a defence counsel would not guarantee a fair trial and could even undermine the prestige of the tribunal itself. The presiding judge, Richard May, presented a solution shortly after opening the case.
“The accused is entitled to represent himself. However the trial chamber has the duty of ensuring that the trial is fair, and that the rights of the accused are fully respected. For these reasons the trial chamber invites the registrar to designate council as amicus curiae to assist the court in a proper determination of this case.”
So, Milosevic will get an ‘amicus curiae’, which literally translates as ” a friend of the court”. He’s not to defend the accused but will perform some of a defence counsel’s tasks. The amicus curiae’s role would be to challenge evidence brought in by the prosecution, cross-examine witnesses for the prosecution, point out possible exculpatory evidence to the court and take other action deemed necessary to ensure a fair trial.
The prosecutors at The Hague would have preferred the appointment of a real lawyer, but the three judges ruled against it, upholding Milosevic’s right to defend himself.
The former Yugoslav leader has received several legal advisers during his two months in detention. He obviously feels that this is sufficient to present his own defence. The absence of a defence lawyer enables Milosevic to get up to speak himself and Thursday’s proceedings showed that he takes the floor with great pleasure.
Milosevic: “I would like to know first of all: can I speak, or are you going to turn off my microphone like you did the first time.”
Judge May: “Mr Milosevic, if you follow the rules you will be able to speak. If you deal with relevant matters, of course you will be able to speak.”
Milosevic: “Oh, that is my next question. I would like to make a presentation on the illegality of this tribunal.”
But as this presentation would take 40 minutes, Judge May decided it would have to be submitted in writing. Nevertheless, Milosevic was granted much more time to speak than during his first appearance before the tribunal on 3 July.
The defendant complained about the conditions of his detention, saying he had been kept in “total isolation” in jail in The Hague since his transfer from Belgrade on June 28. He alleged that his visitors had been watched by camera, unlike those visiting fellow inmates. And demanded permission to talk to the press. Judge May promised to have these allegations discriminatory treatment looked into.
Chief prosecutor Carla del Ponte wanted to read out the indictments, saying she believed Milosevic was not fully aware of the charges against him. But Judge May said this was not the right moment, as prosecutors are still working on new indictments.
After the pre-trial hearing, del Ponte said she would seek new indictments against Milosevic for genocide for war crimes committed in Bosnia and Croatia from 1992 to 1995. She said she would sign these indictments on October 1.
Showing increasing frustration with the slow pace of the proceedings, Judge May said Milosevic’s trial should start early next year. The final indictments and a final date will be announced at the second status conference, scheduled on 29 October.
