Joint statement of Defense Witnesses Elich, Flounders, Lituchy & Parenti

President Slobodan Milosevic

12 September 2004

Dear President Milosevic,

We, the undersigned, are outraged by the decision of the Hague Tribunal (ICTY) to impose counsel on you against your will and to deprive you of your lawful and fundamental right to self-defense.  Although we previously had agreed to testify in your defense, under these conditions we cannot and will not participate as witnesses in these proceedings.   

Not only does the Tribunal's decision violate basic legal and ethical norms, it brazenly disregards its own rules. Under Article 21, paragraph 4 of the Statute of the ICTY, a defendant is entitled to certain "minimum guarantees," including the right "to defend himself in person or though legal assistance of his own choosing."   The Statute furthermore states that a trial should be conducted "with full respect for the rights of the accused." We can only comment that our understanding of the word "guarantee" evidently differs markedly from that of the Court's.

We can assure you that we remain ready and willing to appear as witnesses in the event that your right to self defense is restored to you and you choose to invite us.  We stand united in our belief that the charges against you are false and that they represent a continuation of the war against Yugoslavia and the Serbian people by the U.S. and its NATO allies. We are sending a copy of this letter to the court to inform them of our decision.

Signed,

Gregory Elich
Sara Flounders
Barry Lituchy
Michael Parenti

cc.:  ICTY Registry, The Hague

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