MILOSEVIC'S SERBIAN LAWYER SAYS CLIENT TO ENTER POLITICAL DEFENCE
BKTV (Transcript) - September 2, 2004

(Presenter) Our well-known lawyer Mr Toma Fila is with us today. Mr Fila, what do you think about today's decision by the Hague tribunal to impose defence lawyers on (former Yugoslav President Slobodan) Milosevic?

(Fila) This is the first time in the history of the tribunal that its statute has been violated. The statute was passed by the UN Security Council. They have been bending rules to their needs so far, applying regulations retroactively, denying certain rights to the defence, but this is the first time that the statute has been violated, and in the middle of proceedings.

The right is guaranteed to everyone there to defence - someone can either defend himself or get an expert defence lawyer.

This is not a new decision, and it has not come as a surprise to anyone. It was being prepared for a long time, primarily due to president, excuse me, former President Milosevic's poor health. Another thing is that doctors said that he had been refusing to take his pills. That is a bare-faced lie. It is because of him that all the (the Hague tribunal detention unit) Scheveningen inmates have to take their pills in the guards' presence. That is humiliating - when you have a headache, they put an aspirin into your mouth, give you a glass of water and then they wait for you to swallow it. So, even if Milosevic wanted to do that, he still could not avoid taking his pills. And then again, if someone is not feeling well, you adjourn sessions or improve the conditions he is in (as heard).

Something else is behind this. In my opinion, it is clear that the tribunal is going down. They are constantly depriving defence lawyers of their rights, starting from money, which is more or less without importance, at least in my case, and they are always saying that the UN have ordered them to save money. They are also sacking people. You can see that the most competent cadres are leaving. (The Hague Tribunal Chief Prosecutor) Mrs Carla Del Ponte's first deputy, (Graham) Blewitt, has been replaced by a tribunal administration officer, who has so far monitored how we (defence lawyers) spend our money and asked to see the documents we use in our defence, which is also absurd.

(Presenter) You have defended Milosevic before a domestic court.

(Fila) I am still defending him.

(Presenter) Do you expect him to defend himself through political speeches or do you expect to see some legal arguments? Is the prosecution sensing that his defence will be of political nature (interrupted)?

(Fila) You see, he is consistent in his defence. He has never recognized the tribunal (interrupted).

(Presenter) Is his defence political or legal?

(Fila) Political. He does not want to play by their rules. If he did that, he would make a mistake. He would lose the world's sympathy for being a victim, as he presents himself (interrupted).

(Presenter) So, we will hear no legal arguments?

(Fila) No. Never. Not from him. But then another, very important issue, arises - if he does submit an appeal, then he will in a way recognize the tribunal. He has not submitted a single petition to the court ever.

(Passage omitted by BBC)

(Presenter) What do you expect to see from here on? Let us say that Milosevic is well, he enters the courtroom, the defence lawyers imposed on him are there - who gets to speak?

(Fila) Milosevic. Well, you know, that is the sword of Damocles in this case. They want to thereby force him into feeling well. On one hand, they will exhaust him through prolonging the duration of the trial, and on the other - they will tell him that there are lawyers who will speak on his behalf if he does not take care of his health.

(Presenter) But, when he is present, it is him who talks?

(Fila) Yes, it is. For the time being, that is how it is, unless something changes, because we have not seen what authorizations (one of the imposed lawyers) Stephen Kay has.

(Passage omitted by BBC)
 



Source: BKTV, Belgrade, in Serbian 1355 gmt 2 Sep 04

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