Lawyers demand Milosevic's freedom

Court Paris, rear left, listens to both sides in the Milosevic case

THE HAGUE, Netherlands -- Lawyers for Slobodan Milosevic have asked a Dutch court to throw out the case against the former Yugoslav president.

The team of four lawyers told the district judge that Milosevic, who awaits trial in The Hague for alleged war crimes, should be freed.

They argued that the district court has precedence over the tribunal because it is within its national borders.

"The Dutch state has a right to ensure that human rights are upheld on its territory," Nico Steijnen told the judge.

"It has the right and the duty to judge the flagrant abuses of fundamental human rights."

Milosevic's team also do not recognise the tribunal because it was set up by the U.N. Security Council rather than the organisation's General Assembly.

Milosevic's lawyers add that Milosevic was handed-over by the current Yugoslav regime despite not having the authority to do so because it preceded a decision by its Constitutional Court.

The international war crimes tribunal for the former Yugoslavia was dubbed a "marionette court" of the NATO alliance, by the lawyers.

They said the detention of the ousted Yugoslav leader was part of an "anti-Serb witch hunt" and a violation of human rights, and ddemandedhis immediate release.

But lawyers for the tribunal called for the dismissal of the case, citing a judgement by the European Court of Human Rights in Strasbourg in May, 2000, which said that the war crimes tribunal was impartial and independent.

State-attorney Bert-Jang Houtzagers was quoted The Associated Press as saying: "This court has no authority to rule over issues of the tribunal."

Judge Roel Paris said he would give his decision by August 31.

Milosevic remained in the U.N. detention unit in Scheveningen outside The Hague, and was not in the courtroom.

The former president, who has spent seven weeks in the Netherlands, said at his arraignment last month he did not recognise the tribunal as a legal body. He refused to plea and the court entered pleas of not guilty for him on all counts.

The tribunal counters that Milosevic recognised the tribunal when he signed the 1995 Dayton peace accord that ended the fighting in Bosnia.

His lawyers are working on behalf of The International Committee to Defend Slobodan Milosevic, which includes British playwright Harold Pinter and former U.S. Attorney General Ramsey Clark.

Canadian lawyer Christopher Black, one of the those involved in the challenge, said last month that the chances of securing the ousted leader's release were "probably not that good" but "these things have to be tried."

If the motion before the district judge fails Milosevic's lawyers plan to appeal in a higher Dutch court and even go to the European Court of Human Rights.

The district court case was taking place a week before Milosevic's second scheduled appearance before the U.N. tribunal, which will examine progress in preparing his trial, expected to start next year.

Milosevic is charged with four counts of war crimes, including crimes against humanity

Previous attempts by war crimes suspects facing trial at The Hague to challenge the jurisdiction of the U.N. court have failed.

The tribunal, established by the U.N. Security Council in May 1993, says it has a higher authority than national courts.

The Netherlands fully supports the tribunal and has given it facilities in a former insurance building in The Hague.

Milosevic was extradited from Yugoslavia on war crimes charges on June 28.

He is charged with four counts of war crimes, including crimes against humanity, for the deportation of about 750,000 ethnic Albanians out of Kosovo, as well as the deaths of hundreds of people killed during the Kosovo conflict in 1999. All carry possible life sentences.

Tribunal prosecutors have not ruled out expanded charges. A trial is expected to start next year.