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OTTAWA: Pokret pravde za Bosnu i Hercegovinu /Justice for Bosnia Task Force/ ULOŽEN PRAVNI ZAHTJEV PROTIV INSTITUCIJA I POJEDINACA U KANADI KOJI SU ODGOVORNI ZA ZLOČINE GENOCIDA U BOSNI I HERCEGOVINI
ORDINARY ACTION FEDERAL COURT Between: Zeljko Milicevic Plaintiff and Her Majesty the Queen Defendant Stephen Joseph Harper Defendant Prime Minister of Canada Michaelle Jean Defendant Governor General of Canada and Commander-in-Chief of Canada’s Armed Forces Ramon John Hnatyshyn Defendant Governor General of Canada and Commander-in-Chief of Canada’s Armed Forces (in the material time) Martin Brian Mulroney Defendant Prime Minister of Canada (in the material time) Lewis Wharton MacKenzie, Maj.Gen. Defendant Department of National Defence, Canada (in the material time) Barbara Jean McDougall Defendant Secretary of State for Foreign Affairs, Canada (in the material time) Alan Pickering Defendant Director-general of the Communications Security Establishment, Canada (in the material time 1986-1987) James Blair Seaborn Defendant Intelligence and security coordinator, Privy Council Office, Canada (in the material time 1986-1987) Jean Chretien Defendant Prime Minister of Canada (in the material time) Kim Campbell Defendant Prime Minister of Canada (in the material time) Andre Ouellet Defendant Minister of Foreign Affairs, Canada (in the material time) David Collenette Defendant Minister of National Defence, Canada (in the material time) Jocelyne Bourgon Defendant Clerk of the Privy Council and Secretary of Cabinet, Canada (in the material time) Parliament of Canada Defendant (in the material time of February 28, 1992, to December 31, 1995) TO THE DEFENDANTS: A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. The claim made against you is set out in the following pages. IF YOU WISH TO DEFEND THIS PROCEEDING, you or a solicitor acting for you are required to prepare a statement of defence in Form 171B prescribed by the Federal Courts Rules serve it on the plaintiff's solicitor or, where the plaintiff does not have a solicitor, serve it on the plaintiff, and file it, with proof of service, at a local office of this Court, WITHIN 30 DAYS after this statement of claim is served on you, if you are served within Canada. If you are served in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period for serving and filing your statement of defence is sixty days. Copies of the Federal Court Rules information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office. IF YOU FAIL TO DEFEND THIS PROCEEDING, judgment may be given against you in your absence and without further notice to you. May 18, 2010 Issued by:__________________________________ (Registry Officer) Address of local office:________________________ CLAIM The plaintiff claims: 1. Defendants, jointly and severally, are accomplices in the crime of genocide, committed against non-Serbian Bosnians in general, and against Bosniaks, the indigenous Muslims of Europe, in particular; and/or in the crime of denying that such genocide had been committed and/or destroying evidence of their involvement in the crime of genocide and /or destroying evidence of their responsibility in showing disrespect and contempt for law in failing to enforce the 1948 Geneva Genocide Convention and subsequently destroying evidence of their joint and several responsibility with respect to that crime of genocide; and/or providing state immunity to persons wanted for commitment of war crimes, crimes against humanity and/or for denial of the crime of genocide; 2. Defendants, jointly and severally, are in breach of international law with respect to the Geneva 1948 Genocide Convention of which Canada is a member nation having signed and ratified it and therefore has been at all times under legal obligation to enforce it and prevent and punish the act of genocide; 3. Defendants had occupied, in all material times, positions of authority and responsibility over the affairs of Canada as a member nation of the United Nations Organization, and as such had duty of care yet failed to exercise their duty with due prudence which directly contributed to their complicity in the crime of genocide against Bosnians and Bosniaks; 4. Defendants, jointly and severally, had direct knowledge of the circumstances with respect to the genocide, as it was being committed, against Bosnians and Bosniaks in the Republic of Bosnia and Herzegovina, by way of having Canadian diplomatic personnel on the ground as well as by way of oowning an electronic system, operated out of Canadian Embassy in Belgrade, Yugoslavia, which system provided SIGINT and ELINT information on a daily basis to the Privy Council Office, Office of the Prime Minister, office of director-general of Communications Security Establishment, office of Minister of Foreign Affairs and office of Minister of Defence, yet had acted in contravention with international law and Canada’s legal obligations within it; 5. Canada, in all material times, had its military on the ground in the Republic of Bosnia and Herzegovina, yet it had not prevented and punished the crime of genocide as was, and is, Canada’s legal obligation within international law; 6. Canada’s Parliament had a duty of oversight of nation’s affairs at all material times, yet it failed to cause the government of the day to act in accordance with its legal obligations with respect to international law and specifically to the 1948 Geneva Genocide Convention; 7. The International Court of Justice, the legal extension of the United Nations Organization, issued two Orders, dated April 8, 1993 and September 13, 1993, ordering the Federal Republic of Yugoslavia, or Serbia and Montenegro, that it should, immediately, in pursuance of its undertaking in the Convention on the Prevention and Punishment of the Crime of Genocide of 9. December 1948, take all measures within its power to prevent the commission of the crime of genocide, yet Canada, being a member nation of the United Nations Organization and being legally bound by the Geneva Genocide Convention, failed in its duty and obligation to act with respect to the Orders issued by the International Court of Justice, the legal extension of the United Nations Organization, and cause Yugoslavia (Serbia and Montenegro) to cease and desist in committing genocide against Bosnians and Bosniaks; 8. Defendants, jointly and severally, are responsible as accomplices in the genocidal murder and denial thereof, of at least 8106 adult Bosniaks and 499 Bosniaks under the age of 18 - the excavation and identification of the remains is still in progress at the time of filing of this CLAIM; 9. Defendants, jointly and severally, are to reimburse and indemnify each and every human life lost in particular in the genocide in Srebrenica, in the order of One Million Dollars per each human life thus lost, in addition to 10 Billion Dollars in Punitive Damages and 10 Billion Dollars in Exemplary Damages. The plaintiff proposes that this action be tried at Ottawa, Ontario, Canada May 18, 2010 Zeljko Milicevic (Plaintiff) 111-1825 Russell Road, Ottawa, ON, Canada, K1G 3T4 Telephone: (613) 422 1437 Fax: (613) 526 4978
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