TO
THE MINISTER OF FOREIGN AFFAIRS OF THE RUSSIAN FEDERATION
I.
S. IVANOV
Dear
Igor Sergeyevich,
Already
for nearly two years in The Hague a trial is being held against the former
President of the Federal Republic of Yugoslavia, Slobodan Milosevic.
In all that time, its extremely expensive efforts notwithstanding,
the Prosecution of the International Tribunal for the former Yugoslavia
has failed to produce convincing evidence of guilt of the Serbian leader for
the crimes attributed to him.
The
Prosecution’s case, following a court ruling, should be concluded by the end
of 2003 or by the beginning of 2004. After that, the case for the Defendant
should begin. As we all know, until now Slobodan Milosevic had the possibility
only to participate in the examination of the witnesses for the Prosecution.
As far as we know, he intends to present to the Tribunal exceptionally
compelling proof of his innocence. However, mounting a defence takes
systematic preparations.
The
Indictment against Slobodan Milosevic was being prepared for more than four
years with the participation of hundreds of the Tribunal’s officials. And
Slobodan Milosevic is self-represented. He is entitled to be allotted as much
preparation time for his defence as the Tribunal’s Prosecution had to
prepare its Indictment. As we all know, the Defendant’s right to have
adequate time and necessary conditions for the preparation of his defence is
provided for in many international documents, including the European
Convention on Human Rights.
The
equality of arms between defendants and prosecutors is one of the basic norms
of the international law. The violation of that right would serve as a
confirmation of numerous allegations that under the mask of a trial at The
Hague the political settling up with Slobodan Milosevic is in fact being
carried out. At the same time, the persecution of his family is taking place,
with the purpose of deepening his isolation.
In
this regard, our deep concern has arisen from the recent ruling of the
Tribunal to ban visits to Slobodan Milosevic by the representatives of the
Socialist Party of Serbia, whose President he is, as well as by the SLOBODA
Association, which supports him. We
see this ruling as a dangerous act of moral and psychological pressure against
a political prisoner and as the additional abridgement of his rights.
In
order to make his defence effective (in the sense of gathering documents,
communication with witnesses and with his legal assistants), Slobodan
Milosevic has to have the possibility to defend himself not from a prison but
from freedom. At the same time, he needs to be restored to health, which has
been undermined by the prolonged custody and gruelling court proceedings.
In
view of certain moral obligations, taken on by the Russian part at the time of
well-known events of October 2000, we believe that as a minimum Russia is
obligated to make sure that time is allotted and conditions secured to the
former President of the friendly Federal Republic of Yugoslavia
for an effective defence, as provided for by the international law.
The
settling up with Milosevic and his colleagues creates a precedent for
analogous actions against the heads of other states, Russia included. As we
all know, the preparations for such actions are already under way.
We
ask you to make necessary efforts in order to contribute for a purpose of
securing the equality of arms in the court proceedings. In view of the scope
of the charges (covering multi-year conflicts in Kosovo, Bosnia and Croatia),
the trial has to be interrupted for at least two years. Such a solution is
fully in compliance with the norms of the international law.
At
the same time, in accordance with the principle of the presumption of
innocence, Slobodan Milosevic has to be released, which would give him the
possibility to get prepared more fully for his defence. Our presupposition is
that the international community has the interest to establish all the
circumstances related to the aforesaid conflicts. The documents and witnesses
that Slobodan Milosevic intends to present could help establishing the truth
about the events in Yugoslavia in 1990s.
We
also believe that he has to be given the possibility of his returning to
Belgrade in order to be given a qualified medical care by his physicians who
treated him for many years.
DEPUTIES
OF THE STATE DUMA
(LOWER
HOUSE OF PARLIAMENT):
Followed
by 22 signatures of the deputies representing the absolute majority within
Duma, among them the Caucus Chairmen Zyuganov (KPRF – Communist Party of the
Russian Federation), Kharitonov (Agroindustrial Faction), Raykov (People’s
Deputy Faction – a centrist, pro-presidential faction); the Deputy Speaker
of the Duma Romanov; the State Duma Committee Chairmen: General Nikolaev (Defence
Committee), Rizhkov (Committee for Yugoslavia), Nikitin (National Debt
Committee); as well as the Deputy Chairmen of the Committees on Foreign
Affairs, on Security Affairs, on CIS (Commonwealth of Independent States)
Affairs and Compatriots, on Defence, on Environment, on Culture, on Energy, on
Capital Construction.