Он был героем...
Выдержка из стенограммы заседания Гаагского трибунала
29 ноября 2005 года
(Слушания по возможности разделения процесса на Косовскую и Боснийскую
Слободан Милошевич зачитывает суду Заявление Группы членов Российской
ассоциации международного права
JUDGE ROBINSON: Mr. Milosevic, there's a matter in which I think
you can help us.
6 You have 37 or 45 witnesses outstanding for Kosovo. How, in the light
7 the remaining days left for your case, do you plan to manage your case
8 as to complete Kosovo as well as Bosnia and Croatia? And, please, I
9 want to hear the refrain that this merely shows how little time or how
10 inadequate is the time that has been allocated to you.
THE ACCUSED: [Interpretation] What I was saying was this: Mr.
the question of time you seem
14 to be placing in first place, so I assume you won't have anything
15 me having comments to make with respect to that issue.
16 I should like to remind you, Mr. Robinson, that a certain amount
17 of time ago, I did indicate the need to give me adequate time. Had
18 personally -- and that you personally said at the time that it was
19 early to discuss the matter, that is to say, to give me adequate time.
20 Now, to carry on from where you interrupted with your comment that
21 I should use imposed counsel, let me present my position and you do
22 it what you will and make your own conclusions as you desire. But I
23 think you'll be able to topple that position.
24 It is my right to represent myself, and that right emanates from
25 international law and is contained in your Statute as well. Therefore,
1 you are duty-bound to enable me to make effective use of that right.
2 right cannot be made up for by some sort of assigned or imposed
3 It is my right to be able to present my own Defence, and it is
4 the documents that are well known to you all. So it is your duty to
5 enable me to use that right effectively and not some fictitious right
6 which is accorded me in formal terms whereas it is withheld in
7 terms. If I have that right, then you must enable me to use it
8 effectively and to avail myself of that right.
9 And the comment that I don't have to proof witnesses myself is the
10 same as saying that I don't have to avail myself of the right
11 and that I have chosen to use my right to my own detriment. So the
12 substance of the matter is that I should be allowed to use that right
14 Now, with regard to the question of time, once again, Mr. Nice
15 quoted different documents and so you'll allow me to do the same, to
16 from various documents. And I have sufficient examples for you,
17 in Serbian because it is a Serbian translation, it is a statement by
18 group of members of the Russian Association of International Law for
19 Monitoring the Process of the Prosecutor versus Slobodan Milosevic in
20 International Tribunal for the former Yugoslavia, which a few days
21 published by the Moscow Journal of International Law and it was
22 from that Moscow Journal. It is the largest and most important forum
23 that nature in Russia, and the most important journal for
24 law in Russia as well.
25 Among others, in point 1, which they discuss, it is the right of
1 the accused to have sufficient time. Now, this term "sufficient time"
2 means for the preparation of his Defence. That has been extracted from
3 "international documents," and this is what it says:
4 "After the signing of the first indictment raised against
5 S. Milosevic by the Prosecutor up until the start of the Prosecution
6 two years elapsed and eight months. Throughout that time, time was
7 to prepare the indictment. Preparations of the indictment went on
8 months after the accused was in prison. Now, for the preparation of
9 Defence case, Slobodan Milosevic was given three months."
10 And then they go on to quote your order concerning the preparation
11 and presentation of the Defence case of September 17th, 2003.
12 "After an extension of the time limit with respect to the
13 accused's health, the Defence case, as a whole, amounted to six
14 but that extended time was not used to prepare the Defence because
15 Registry of the Tribunal denied Milosevic the right to meet with
16 in connection with his health. It is quite clear that the time for
17 preparation of the Defence case in the most complex international
18 contained in 66 charges and 1.000 events in prison conditions is
19 inadequate. In keeping with the principle of fair play and equality
20 arms, the accused must be accorded at least as much time for his
21 case as the Prosecution had for the Prosecution case from the time
22 indictment was signed until the case went to trial. In conformity
23 giving the accused sufficient time for preparation of his Defence
24 and taking into consideration the complexity of the case itself,
25 S. Milosevic must be given adequate time, and six months cannot be
1 adequate time. The request by the accused to be granted more time was
2 turned down by the Appeals Chamber as well, who said that, 'choosing
3 represent himself, the accused has given up the right of enjoying the
4 benefits of the Defence team set up for him,' and that he himself, 'will
5 bear the brunt of not accepting the services of assigned counsel.'"
6 That is the decision of January 2004. In this connection, the
7 Appeals Chamber referred to four decisions made by national courts,
8 forgot to refer to the norms of international law which are in force,
9 the most senior Chamber of the Tribunal, which was duty-bound to
10 the rights of the accused, confirmed the unlawful decision by the
11 Chamber to the detriment of the accused for having opted to represent
12 himself without providing legal arguments in sufficient scope.
13 "Apart from that, this right is part of the rights that do not
14 have a time limit," and it says, "see Article 3 of international --
15 covenant of international laws where everybody has the right, as a
16 minimum, to the following guarantees and conditions." And the
17 is, of this group, that is to say, the group of the Russian
18 Law Association, is that: "The Tribunal has violated the rights of
19 accused to be given sufficient time to prepare his defence case."
20 I won't continue quoting. I will ask you to take up this
21 decision, and I'm sure your translators will be able to translate it
22 English for you. They contain many other points, but I think it would
23 beneficial for you to read it.
24 JUDGE ROBINSON: Did I understand you correctly to read from
25 Journal of International Lawyers that this right is part of the
1 that do not have a time limit? Is that what you read?
2 THE INTERPRETER: Statute of limitations, interpreter's note.
3 THE ACCUSED: [Interpretation] I read what it says exactly in
4 statement. I'll go back to that. Let me just see.
5 JUDGE ROBINSON: What right are they referring to? Is it the
6 right to a defence? Is it the right of an accused to put up his
7 THE ACCUSED: [Interpretation] The right of the accused, and
8 they quote "to have sufficient time and possibility for preparation of
9 defence." That is point 1, which I quoted.
10 JUDGE ROBINSON: And is that the right which they say is
11 time limit? I'm trying to understand what you just read.
12 THE ACCUSED: [Interpretation] Well, Mr. Robinson, they don't
13 that it has a time limit. What they say is, the amount of time that
14 necessary and accorded to the opposite side for writing the
15 and claim that I must be given that same amount of time. And they
16 exactly when the indictment was signed and how long it took them to
17 prepare for the Prosecution case to go ahead with the trial. So it's
18 fluid category that we're dealing with here, without boundaries. They
19 talking and comparing the time that the other side had at its
20 the time accorded to me by you. And those six months, or barely six
21 months, cannot be compared to a period of three years, let alone
22 to the fact that I am managing my Defence myself, whereas Del Ponte
23 Nice have an enormous machinery at their disposal, including all
24 services and experts and so on and so forth.
25 JUDGE ROBINSON: Thank you.
1 THE ACCUSED: [Interpretation] And when I mentioned -- Mr.
2 Robinson, when I mentioned the NATO pact officers, let me remind you,
3 since Mr. Nice is talking about proof and evidence, I would like to
4 you that their military expert, Mr. Theunens, said here on behalf of
5 whole group working on the subject matter, that they studied thousands
6 documents, and I asked him here, "Do you have any document of mine?"
7 you remember, Mr. Robinson, and he said, "Yes, I do." And I asked him
8 place it on the overhead projector.
9 JUDGE ROBINSON: Mr. Milosevic --
10 THE ACCUSED: [Interpretation] Do you remember that?
11 JUDGE ROBINSON: -- I can understand the submission that an
12 person is entitled to sufficient time, but I do not accept a
13 that there is no time limit for putting a defence. You're entitled to
14 reasonable time. If your Russian association of lawyers said that
15 is no time limit in putting a defence, and if by that they meant that
16 accused person would be entitled to put a defence ad infinitum, I
17 reject that. You're entitled to a reasonable time to put your Defence.
19 THE ACCUSED: [Interpretation] Mr. Robinson, in responding to
20 question, I precisely said that that is not what they claim, that the
21 accused has limitless rights. All they claim is that the accused must
22 given the same amount of time as given to the Prosecution for
23 the indictment. And they were able to establish that time in quite
24 terms by comparing the date in which the indictment was raised and
25 date when the trial started here, and that was a period of time that
1 exactly established, let alone the fact that before they actually
2 the indictment, they had to have done some preparatory work as well.
3 So you did not understand the explanation and quotation that I
4 read out to you properly, so I suggest that you take this report and
5 it for yourself, because I think that they are leading international
6 lawyers who took part in writing it, and I wish to add to this that we
7 not only speaking -- although this is a statement by the International
8 Russian Federation legal minds, but of course there is a series of
9 circles of experts for international law from other countries,
10 those countries who wrote the petition to Kofi Annan with respect to
11 conduct towards me from some 30-odd countries that signed it and went
12 visit the Secretary-General of the Security Council. So this is a
13 position that is widespread in the world, and it would suffice, if I
14 in your place, if I were to read this position elaborated by the
15 from the Russian Federation that rank among the top professionals in
16 world in their field.
17 As I was saying - let me continue - the present situation is the
18 direct result of a megalomaniac ambition by the other side and most
19 probably by the desire to have the quantity of material replace any
20 serious proof and evidence against me. Quantity over quality. Because
21 you cannot have evidence and valid proof for untruths. And you have
22 supported the other side through your tolerant relationship with them,
23 asking them to be limited in their scope.
24 I am the main victim of having been bombed by various documents,
25 material witnesses, and so on, that the opposite side has been
1 present with the go-ahead from you. I think that this is a form of
2 torture and a form of cynicism to put that burden of responsibility
3 me, all the more so if this is linked to my health situation, which
4 been significantly impaired because of the torture I have been exposed
5 And I would like to remind you that when General Stevanovic testified
6 here, in some context or other - it's not important now; we can look
7 the transcript if we want to see the exact context - I said that the
8 opposite side served over a million pages of material on me. Mr. Nice
9 intervened at that point and said it was only 600.000, and with
10 the others it was copies supplied twice.
11 Now, without entering into whether I was served double copies, and
12 would have to read through all the material to see whether that was
13 and there's no justification for that either, but nonetheless it's an
14 enormous amount of material. And that every participant in this trial
15 to read 500 to 1.000 pages per day every day over the space of three
16 half years, without exception and without all their other obligations.
17 And a normal human being is quite certainly not able to read even a
18 portion of that. And as I believe that nobody could claim to be a
19 superpowerful human in any sense here, then we come to the conclusion
20 the situation is quite unrealistic and in this hall for three and a
21 years we have had a group of people taking part in something that we
22 call or is called a trial, whereas none of the participants in the
23 proceedings knows what it says in the files on the basis of which the
24 discussions are being held here.
25 Please, to a certain extent, it is not only that that people don't
1 know about; they don't know what the other side is prosecuting me for.
2 would particularly like to highlight the issue of a Greater Serbia in
3 context. This was represented by the other side four years ago when
4 asked for a joinder of trials, that that was the red thread bringing
5 parts of the case together, and the Trial Chamber agreed to that. So
6 you cannot talk about severing the case without dealing with the
7 of that particular issue.
8 On the 25th of August this year, Mr. Nice, after three and a half
9 years of trial, said that he was not prosecuting me on account of a
10 Greater Serbia, and he ascribed that idea to me from the very outset,
11 his introductory remarks and then through the testimony of almost
12 even more than half of his witnesses who -- his witnesses, who spoke
13 Greater Serbia as my objective and answered questions put by him to
14 in that context.