Global Policy Forum

By Paul Gallagher and Emma Thomasson

Judges declared Slobodan Milosevic fit enough on Tuesday for his much-delayed war crimes trial to proceed but warned they might have to impose a defense lawyer on the ailing former Yugoslav president. "There is no evidence that the accused is not fit to stand trial at all, but there is evidence that the health of the accused is such that he may not be fit to continue to represent himself," the judges wrote in a statement.

Milosevic, who has been defending himself in a court he does not recognize, had been expected to launch his defense on Monday in a case widely regarded as Europe's biggest war crimes trial since top Nazis were tried at Nuremberg after World War II.

But new concerns about his high blood pressure and heart problems forced yet another delay to the case that started in February 2002, with a lawyer appointed to ensure Milosevic gets a fair trial questioning whether the case could continue. The trial judges called on Tuesday for a cardiologist to examine the 62-year-old accused to determine if he was fit enough to continue to conduct his own defense and said the case would resume on July 14, subject to the state of his health.

Milosevic, who had been due to start his defense case after a lengthy prosecution accusing him of genocide and other crimes during the 1990s breakup of Yugoslavia, said on Monday he would never agree to the imposition of a defense counsel.

Vladimir Krsljanin, a Belgrade-based supporter who provides him with legal assistance, said forcing one on him would make his health problems worse. "That would only increase his stress and antagonism and effort to follow everything a lawyer he does not trust is doing," he said. "They are achieving what they wanted to achieve from the start -- to prevent him from saying what he wants."

RADICAL REVIEW

The imposition of a defense counsel against the will of an accused is not unprecedented at the tribunal. Judges have done so in the case of Serb ultra-nationalist Vojislav Seselj, who faces charges of crimes against humanity in the Balkans.

The judges said it was time for a "radical review," noting that 66 trial days had been lost due to Milosevic's ill health. "It is in the interests of the accused and the broader interests of justice that this trial be conducted and concluded within a reasonable period of time," the judges said.

They said they might have to assign a defense lawyer to ensure the trial is completed, who would either assist Milosevic in the preparation and presentation of his defense or -- in exceptional circumstances -- take over the defense.

The defiant former Serbian strongman, charged with genocide, crimes against humanity and war crimes, accused the court of "maltreatment of prisoners" on Monday for making him attend a hearing on his health. The court heard on Monday that Milosevic has suffered from high blood pressure especially when under stress as well as damage to his heart, with doctors recommending regular rest.

Since the prosecution wrapped up its case in February after calling around 290 witnesses, Milosevic has been working on his defense from an office with a computer, fax, telephone and filing cabinets in the tribunal's detention center. The Belgrade Law Faculty graduate wants to summon more than 1,000 witnesses including former U.S. President Bill Clinton and British Prime Minister Tony Blair in the 150 working days allotted for his defense.

He says the tribunal is guilty of inherent bias against him and the Serb people, branding it an illegal institution designed to cover up what he says were NATO war crimes sponsored by the United States and Britain. He describes himself as a peacemaker and has declined to enter a plea to the charges. Pleas of not guilty were entered on his behalf by the trial's three judges.