Milosevic Associates Granted Rights & Privileges: Court appoints two lawyers to assist the Accused

On April 16, 2002, the Trial Chamber, Judge Richard May presiding, granted Slobodan Milosevic's request that his associates be allowed to review protected materials in order to adequately assist him in preparing his defense. Protected materials include witness statements and other documents that the Trial Chamber may prohibit being disclosed to third parties. In granting Milosevic's request, the Trial Chamber noted that the Accused is not requesting representation or the appointment of legal advisors and does not want this. Nevertheless, the two 'associates' [Zdenko Tomanovic and Dragoslav Ognjanovic] are attorneys and the Court ruled they must meet the Tribunal's qualifications for defense counsel. They are subject to the Code of Professional Conduct for Defence Counsel Appearing before the International Tribunal and are bound by all existing Orders of the Trial Chamber in the case, especially those for protecting witnesses.

Despite the non-representational status of his two associates, Milosevic 'shall be entitled to communicate [with them] fully and without restraint' and all their communications will be privileged, according to the Court's order. In other words, the two associates have many of the accoutrements, rights and privileges of defense counsel, but Milosevic will not give up his public platform. He will continue to cross examine each prosecution witness and, in so doing, continue presenting his case to the public, subject to the Court's continued admonitions that he restrict himself to relevant questions rather than using cross examination for comment, argument and witness harassment.

The grant of privileges and rights to Milosevic with regard to his associates may lessen the need for the Amici Curiae, appointed by the Court earlier to assure that the self-represented Accused receives a fair trial. Lead Prosecutor Geoffrey Nice indicated he intended to file a submission to the court arguing that the Amici's participation in cross examination should be the exception rather than the rule, since the Accused is making full use of his right to cross examine, which was not anticipated when the Amici were first appointed. He disclosed his intention after expressing 'mystification' over the Amici's (Branislav Tapuskovic) cross examination of Veton Surroi, a well-known Albanian journalist, which focused repetitively on his support for Kosovo independence, a fact he had readily admitted.

Mr. Nice pointed out that Amici's cross examination was taking 5% of trial time, Milosevic's cross examination about 50%, and the prosecutor's direct evidence only 40%. He said the prosecution can no longer afford to be generous with its time, given the Court's ruling that it must conclude its case within one year. The Trial Chamber did not make a decision on any change in the role of the Amici, though one judge, Judge Robinson, indicated he continued to consider the Amici's role very important, especially in assisting the Court in matters of law.