THE BAR ASSOCIATION OF BELGRADE

Decancka 13, 11000 Belgrade, Serbia and Montenegro

Phone: +381 11 3239 805, +381 11 3239 875; Fax: +381 11 3237 082

E-mail:   komora@eunet.yu

Acting in accordance with the conclusions of  its Managing Board of 13 October 2004, the Bar Association of Belgrade submits the following

PUBLIC STATEMENT

Acting strictly on the professional and ethical basis and disregarding any political considerations, the Bar Association of Belgrade points out that the right to defence of some individuals tried before the International Criminal Tribunal for the former Yugoslavia (ICTY) has been blatantly violated.

This violation is reflected in the changes of rules while the procedure is in progress, by which the defendants are prevented of preparing and presenting their defence, in conditions of an inappropriately short time given and uncritical and unprincipled treatment of their health. In this way, the principle of equality of arms between defence and prosecution is violated and defendants are put in totally unequal position. The imposition of defence counsel which acts without instructions of the accused is also an impediment for the accused to prepare his defence and use all the evidence and procedural tools he wishes to.

The above especially applies to the trial of former President Slobodan Milosevic.

Acting in this way, the ICTY compromises the right of defendants to defence and by that to a fair trial to the utmost; this right being guaranteed to any accused before any court of law.

Advocates of Belgrade consider that by acting in this was the ICTY itself contributes to the loss of its credibility not only in the eyes of experts, but also in the eyes of wide public; acting in this way the ICTY directly contradicts the efforts of the official, state organs which call upon those indicted to voluntarily surrender to the Tribunal.

Adhering to the principles of truth and justice, in the belief that Advocates must bring the truth to courts, we express our protest against the violation of the rights to defence and fair trial of the accused. We demand that any accused, without regard to his or hers nationality, be accorded the right to defence guaranteed by all international human rights conventions and documents relative to the procedure before the ICTY.

At the same time, we appeal to all the colleagues at home and abroad not to accept the dishonorable role of an imposed defence counsel on an unwilling accused, thus showing respect for the ethics of our profession and the ICTY Statute.

The Bar Association of Belgrade will inform the international bodies for the protection of human rights about its position and conclusions from this statement. The International Union of Advocates will also be informed, the Union of which the Bar Association of Belgrade is a founding member since 1928.

                                                     President of the Bar Association of Belgrade

                                                                      Vojislav S. Nedic

(Published as an ad in the daily “Politika”, Belgrade, 23 October 2004)