Jason M. Alarid
pre 16 godina
I am an attorney approved as a full member to practice before the Tribunal in the Hague. Interested in Tolimir's case, I reviewed Tolimir's indictment as well as those of his co-defendants. Tolimir's right to a fair trial and due process are more important than ever, given the fact that not a single charge had been filed against Tolimir prior to 2005, and genocide was not added until 2006. From the various idictments it is unclear if the indictments against Tolimir were precipitated by any new evidence, directly pointing to his knowlege and participation. Otherwise, it appears he was indicted merely under a guilt by association theory, given his place in the hierrchy of the former regiem. A right to speedy trial is a universal right of an accused. As the years pass, evidence and witnesses for the defense often evaporate. One should ask why such a delay occured if the prosecution gathered no substantially new evidence between 1995 and 2005. During those years, Tolimir was not a fugitive. As Mladic's aid, why wasn't Tolimir indicted with Mladic in 1995? An accused should recieve all the benifits of being presumed inocent, including health care and access to counsel of choice, until all the evidence is laid out in a court of law.
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