Vojislav Seselj surrendered voluntarily to the ICTY on 24th February 2003
On his first appearance on 26th February 2003, he pleaded not guilty of all the accusations held against him.
In the indictment, Vojislav Seselj is prosecuted on the basis of his criminal and individual responsibility for (art. 7 par. 1 ICTY Statute):
- 8 counts of crimes against humanity (art. 5 ICTY Statute: persecutions on political, racial and religious grounds, extermination, murder, imprisonment, torture, inhumane acts, deportation, forced transfers);
- 6 counts of violations of the laws or customs of war (art. 3 ICTY Statute: murder, torture, cruel treatment, and unjustified destruction of villages or devastation which weren't justified by military exigencies, destruction or deliberate damage of religious or educational buildings, looting of public or private goods).
Vojislav Seselj has behaved in a very hostile and ostructive fashion towards the tribunal. He refused, for example, to choose a defence lawyer. The ICTY therefore decided on 21 August 2006 to refuse Seselj the right to conduct his own defence and appointed a counsel for him, on the grounds that Seselj conducting his own defence “may substantially and persistently obstruct the proper and expeditious conduct of a fair trial”. Seselj critisized this decision as a violation of his basic rights.
In late October 2006, the ICTY appeals chamber reversed the decision, stating that Seselj had not been sufficiently warned of the possible removal of his right to self-representation.
Seselj's trial was due to start on 2 November 2006. On 25 October 2006, it was postponed.
The trial began on 27 November 2006. Due to Seselj's refusal to appear in court, a counsel was appointed again for his defence.
On 10 November 2006, Seselj had began a hunger strike to demand - inter alia - the right to defend himself. On 8 December 2006 he ended his hunger strike, after he was again allowed to conduct his own defense. The trial had been suspended on 1 December 2006 until such time as Seselj is fit enough to fully participate in the proceedings.
The trial continued on 7 November 2007 and is currently ongoing.
In July 2008, the Prosecutor pesented a motion asking the court to appoint counsel for Seslj, arguing that his self-representation was obstructing proceedings.
On 29 August 2008, the Trial Chamber suspended trial pending an appellate ruling on whether the defendant may represent himself. |
