TO H. E. Mr. Kofi ANNAN,
UN Secretary General,
New York
Distinguished Mr. Secretary General,
I address to you as to one of the world personalities bearing responsibility for actions committed on behalf of the Organization of the United Nations.
The International Criminal Tribunal for the former Yugoslavia founded by the Security Council works at The Hague. That Tribunal is illegitimate, since the Security Council has no right to create international judicial organs. But even more important is that the practice of the Tribunal is also illegitimate. It acts in violation to all generally accepted norms of the criminal judiciary.
For the third year already the process against the former Yugoslav President Slobodan Milosevic goes on. The very fact that the Prosecution for more than two years of its presentation could not prove the guilt of the accused, Mr. Milosevic, clearly shows that such guilt does not exist at all. The crimes for which Mr. Milosevic is accused are such that there should not be any difficulty to prove them. It has to be noted that Nuremberg Tribunal (1945-1946) in less than one year succeeded to convict twenty-four prosecuted Nazis. On the other hand, the Hague tribunal in the third year of the Prosecution case remains unable to prove any guilt of Mr. Milosevic. It becomes apparent that a completely innocent man is imprisoned at The Hague. It is necessary for him to be immediately released. That would be not only an expression of a real judiciary, but also an act of self-respect. A high morality assumes ability to recognize committed mistakes.
In the Hague process there are serious violations of the rights of the Defendant.
In the first place, the “equality of arms” principle is violated. The Prosecution had more than four years for preparation and presentation of evidence against Mr. Milosevic, and Mr. Milosevic himself is allowed only three months for mounting his case. Without any ground in the last three months Mr. Milosevic has been deprived of the contacts with his friends and associates. He is deliberately isolated from the outside world in order to produce psychological strain to his defense.
The signals about the worsened health situation of Mr. Milosevic are being overlooked. There is a serious ground for a fear that Mr. Milosevic would not survive until the close of this disgraceful process. The question arises – isn’t that the true aim of those who organized the persecution of the former President of Yugoslavia.
In any event, the presumption of innocence is severely violated. He is treated as already convicted person, which explains the unjustified restrictive regime applied against him.
Respectful Secretary General,
I wholeheartedly request you to use your powers to put an end to the mutilation of the judiciary. Don’t let the crime against judiciary is committed in the name of judiciary!
Yours truly,
Professor Velko Valkanov,
Co-chairman of the International Committee to defend Slobodan Milosevic,
Chairman of the Bulgarian Committee for Human Rights,
Honorary President of the Bulgarian Antifascist Alliance