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Vojislav Seselj

context : Former Yugoslavia Search
judgement place : ICTY (Yugoslavia) Search
status : On trial
particulars : Trial began on 7 November 2007
position : President of the Serbian radical party (SRS)
facts legal procedure
Vojislav Seselj surrendered voluntarily to the International Criminal Tribunal for the former Yugoslavia (ICTY) on 24 February 2003.

His initial court appearance took place on 26 February 2003. Following his refusal to plead guilty or not, the court entered a not guilty plea on his behalf on the counts with which he was charged.

Based on the indictment, Vojislav Seselj was accused on the basis of his individual criminal responsibility (art.7 §. 1. ICTY Statute) for:

- three counts of crimes against humanity (art. 5. ICTY Statute: persecutions on political, racial and religious grounds; deportation, forced transfer),
- six counts of violations of the laws and customs of war (art. 3. ICTY Statute: murder; torture; cruel treatment; destruction or deliberate damage to buildings dedicated to religion or education; pillage of public or private property).

Vojislav Seselj adopted a hostile attitude towards the ICTY from the beginning of the trial. On surrendering to the authorities, he himself declared that he wanted to “overpower the Tribunal to such an extent that even the Queen of Holland would not be unscathed “. He repeatedly provoked exasperation and confrontation throughout the proceedings.

One of the main difficulties confronting the court was related to the right of the defendant to assume his own defence. From the beginning of the trial, Vojislav Seselj refused the help of a defence lawyer. However, in view of the behaviour of the defendant during the hearings judged to be obstructionist and an obstacle to a rapid and fair conclusion of the trial, the Tribunal, in its decision dated 21 August 2006, ordered that Seselj be assisted with legal counsel. Seselj strongly contested this decision, which according to him, violated his fundamental rights.

At the end of October 2006, the ICTY Appeals Chamber overturned this controversial decision, stating that Seselj had not been given sufficient information on the possibility of refusing his right to defend himself.

The trial should have begun on 2 November 2006, but on 25 October the ICTY set the timing back.

The trial then got underway on 27 November 2006. Seselj refused to attend the trial opening. The court again therefore designated a lawyer to take his defence.

On 10 November 2006, Seselj began a hunger strike in order to protest against several ICTY decisions and in particular the one designating a lawyer for his defence. On 8 December 2006, Seselj put an end to his hunger strike after the Appeals Chamber granted him the right solely to defend himself.

The trial, which had been interrupted on 1 December 2006, resumed on 7 November 2007.

The case for the prosecution commenced on 11 December 2007.

On 11 February 2009, the Trial Chamber, by a majority decision, agreed to a request from the Prosecutor to suspend proceedings following allegations of threats leveled against key prosecution witnesses.

The trial has been suspended until further notice.
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Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty.
 nationality :
 Bosnia and herzegovina
 date of birth :
 11.10.1954
  last time seen :
  The Hague (Netherlands)
  period of charges :
 06.1991 - 09.1993
  judgement period :
  27.11.2006
  charges :
  Crimes against humanity
War crimes
  profile last modified :
  28.02.2010
 
Genocide, War Crimes and Crimes Against Humanity: A Topical Digest of the Case Law of the ICTY
Human Rights Watch (2006)
Justice in a Time of War: The True Story Behind the International Criminal Tribunal for the Former Yugoslavia
Pierre Hazan
La Justice face à la guerre: De Nuremberg à La Haye
Pierre Hazan
icl
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