NETHERLANDS: Defence begins in ICTY case of key Milosevic ally Milutinovic

Lawyers defending a key ally of Slobodan Milosevic say he was not responsible for the systematic removal of Kosovo Albanians in 1999. Defence lawyers began their defence of former Serbian President Milutin Milutinovic on Monday (August 6) at The Hague International Criminal Tribunal for the former Yugoslavia (ICTY) Milutinovic is accused of facilitating a campaign in 1999 to forcibly expel and internally displace 800,000 Kosovo Albanians from their homes. The indictment against him states that to achieve that Serbian force between January 1, 1999 and June 20 of that year, intentionally created an atmosphere of fear and oppression through the use of force, threats of force and acts of violence. Milutinovic pleaded not guilty to crimes against humanity. "Mr. Milutinovic was never involve in any criminal conduct, either individually or in consort with others or within any sort of conspiracy," his defence lawyer Eugene O'Sullivan said. The defence argues that Milutinovic, who was Serbia's president at the time as well as a member of the Supreme Defence Council, did not have enough authority under the constitution to influence operational executive power. "This evidence will show that authority and competence vested in the president of Serbia is limited and restrictive," O'Sullivan said. The defence described Milutinovic as a man who had done his best to avoid and crush violence in his country and ensure the rule of democracy as evidenced during the transition of power to Vojislav Kostunica in 2000. "And the trial chamber will hear evidence about the events following the election of Dr. Vojislav Kostunica as president of the Federal Republic of Yugoslavia and the crisis which occurred in the country in October 2000. You will hear about the significant measures taken by Mr. Milutinovic at that time, at risk to himself and his family, to avoid tremendous violence in Serbia and to ensure smooth democratic transition," O'Sullivan said. Defence witness Ratko Markovic was called to testify that although Milutinovic was president at the time of the crime it was government which decided on policy collectively. "Although the president of Serbia is, according to the Serbian constitution, not a member holding executive powers. According to his powers, he is the closest to a member of an executive, however, he is not holding operational power of an executive. In the sense of leading state politics, operational power is given to the government instead," Markovic said. The 63-year-old Milutinovic was a key ally of Slobodan Milosevic and went on trial with five other former Serbian officials in 2006. The prosecution accuses the 6 of burning and destroying villages so that Kosovo Albanians could never return. It alleges that Milosevic was the 'primary planner' behind Belgrade's plans to deport hundreds of thousands of ethnic Albanians from Kosovo, a province where ethnic Serbs form a minority. The prosecution linked the six defendants to the operation by saying they had all been appointed by Milosevic "to ensure that like-minded people were in positions of power. The five other defendants are: Nikola Sainovic, 57, the former prime minister of Serbia; Dragoljub Ojdanic, 65, a former army chief of staff; Generals Nebojsa Pavkovic, 60, and Vladimir Lazarevic, 57; and Sreten Lukic, 51, a former head of the internal affairs ministry for Kosovo. Milosevic died of a heart attack in the Hague prison in March 2006. Serbia's Supreme Court upheld Friday (July 27) the sentences given to Milosevic's paramilitary commander and five others convicted of the 2000 killing of a former Serbian president and the attempted killing of another political foe. After deliberating more than three months, the court rejected an appeal filed by lawyers for Milorad Ulemek, the leader of the group. The court said the initial verdicts were "fully regular in determining what had happened." Milutinovic was Milosevic's closest ally and representative during negotiations over Kosovo in early 1999 which ended in an impasse and resulted in the 78-day NATO bombing of Yugoslavia and the eventual withdrawal of Serb forces. Ethnic Albanians were angry that Milosevic's death robbed them of a verdict on the crimes he was accused of in Kosovo. They hope the trial of Milutinovic and his co-accused will help provide justice for victims of war crimes in the province.

ITN Source | August 6, 2007

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