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Poor health of Milosevic delays trial { July 6 2004 }

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   http://www.nytimes.com/2004/07/06/international/europe/06milo.html

http://www.nytimes.com/2004/07/06/international/europe/06milo.html

July 6, 2004
Poor Health of Milosevic Delays Trial
By REUTERS

THE HAGUE, July 5 (Reuters) - Slobodan Milosevic's poor health prompted judges to postpone his defense case on Monday and to question whether his war crimes trial, the biggest one in Europe in more than half a century, could go on.

Judges postponed the start of the defense part of the trial of Mr. Milosevic, the former Yugoslav president and Serbian leader, over concern about his blood pressure and heart complaints, and said they would rule on a demand to impose a defense counsel on Mr. Milosevic, 62, who is defending himself.

His bouts of high blood pressure, flu and exhaustion have frequently delayed the trial, which began in February 2002. He faces charges of genocide, crimes against humanity and war crimes in the Balkans in the 1990's.

"The time has come for a radical review of the trial process and the continuation of the trial in the light of the health problems of the accused," Judge Patrick Robinson said.

The three judges hearing the case are expected to rule by Tuesday on how to proceed. The United Nations tribunal has rejected past prosecution calls for a lawyer to be imposed on the defiant Mr. Milosevic.

But lawyers said Mr. Milosevic's health has worsened in recent months. Judge Robinson, a Jamaican, took over as presiding judge from Richard May of Britain, who died last week.

"His health has been gradually declining," said Steven Kay, a lawyer known as a "friend of the court" appointed by the tribunal to ensure that Mr. Milosevic got a fair trial. "It may well be that the court is at a stage now of having to consider that as a distinct issue on this trial as to his very fitness to stand trial at all."

Mr. Milosevic had been expected to begin his defense with a four-hour statement on Monday after repeated delays in the case. But the court instead convened what it called an administrative session on his health problems.

Mr. Milosevic, flushed and dressed in a navy suit and red tie, accused the tribunal of putting his health in jeopardy by making him appear Monday. Judges said doctors had given the all-clear for him to attend an administrative hearing.

The prosecutor, Geoffrey Nice, rejected a suggestion by Mr. Kay that Mr. Milosevic might no longer be fit to stand trial. He said much of Mr. Milosevic's stress had been brought on because he had refused to accept a defense lawyer and instead insisted on handling the enormous workload himself. As he has done numerous times before, he called for the court to impose a defense counsel.

"This is a case that must be tried, the accused wishes it to be tried," he said. "The time has now come where it is essential if this case is to be properly concluded and in a reasonable period of time, that counsel is imposed."



Copyright 2004 The New York Times Company


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