British lawyers to defend Milosevic at war crimes tribunal

Two British lawyers are to act for former Yugoslav president Slobodan Milosevic at the UN war crimes tribunal where doctors say his heart condition could become life threatening if he continues to represent himself.

The three judges said Steven Kay and Gillian Higgins, who are court observers ensuring fair proceedings, would now act as the defence team.

They will take over the case in the Hague from next Tuesday when Milosevic’s first witnesses are due to be called.

Kay was appointed by the judges at the start of the trial in February 2002 as an observer.

He co-authored a submission to the judges warning that forcing Milosevic to work with a lawyer could backfire.

“The imposition of unwanted counsel upon an unwilling defendant who refuses to cooperate may in fact lead to increased stress for the defendant who continues to assert his right to self-representation,” the brief said.

Milosevic protested at the decision to impose a lawyer on him and said he would appeal.

Judges and prosecutors agreed Milosevic could still name a lawyer of his choice – his legal research is being handled by three assistants from Belgrade - and that he could remain actively involved in conducting his defence.

“It is plain from the medical reports that the accused is not fit enough to defend himself,” said presiding Judge Patrick Robinson.

Milosevic, 63, who has used the two-and-a-half-year trial as a platform for his political views, has refused to accept a lawyer who would replace him in examining witnesses.

“I want the appeals chamber to consider this decision of yours, illegal, which violates international law, which violates every conceivable covenant on human rights,” Milosevic told the judges.

“At a moment when I am supposed to exercise my right to defend, you decided to deprive me of that right. That’s a scandal. You cannot deny me the right to defend myself,” he said, seated alone at the defendant’s table.

Robinson cut off Milosevic’s microphone and said the judges had extensively considered their decision, which was final.

By a vote of 2-1, the court also rejected Milosevic’s request for a new round of medical tests by independent doctors.

Robinson said two court-assigned doctors who examined Milosevic concluded that he suffers “severe essential hypertension” and that continuing to represent himself could lead to “a potentially life threatening situation”.

They said that by allowing him to continue representing himself “there is a real danger that this trial might last an unreasonably long time”, Robinson said.

The judges recognised the right of a defendant to represent himself, but cited his lengthy periods of illness saying that right “is not unfettered”.

The ruling was applauded by observers. “He will get a far better case by being represented professionally,” said Judith Armatta of the Coalition for International Justice.

Milosevic’s bouts of fatigue and high blood pressure have already caused the suspension of hearings more than a dozen times and the loss of 66 trial days during the presentation of the prosecution case, which concluded in February. Since then, the beginning of the defence was postponed five times due to his health.

Milosevic faces charges of genocide among more than 60 counts of war crimes. He is accused of responsibility for the deaths of more than 7,500 Bosnian Muslim men and boys in the UN-protected enclave of Srebrenica in 1995.