Mr. Claude Jorda

President ICTY

P.O. Box 13888

2501 EW DEN HAAG

 

Mr. Hans Holthuis

Registrar ICTY

P.O. Box 13888

2501 EW DEN HAAG

 

Mr. Ch. Rohde

Legal Officer ICTY

P.O. Box 13888

2501 EW DEN HAAG

                                           19 March 2002

 

 

Dear Sirs,

 

 

It is only now, after a long period of flu, that I am capable to react on the letter signed by Mr. Holthuis, dated 31/02/02, with respect to the issue of access to Mr. Milosevic.

 

This letter I only have received, after having been informed by the counsel of the State of the Netherlands in the course of the session the regional Court in the Hague on 12 February 2002 with respect to the summary injunction proceedings of my client Mr. Milosevic against the State of the Netherlands & the ICTY, that such a letter should have been sent to me.
 

Which has been pushed me to address me to you for this letter, that I had never received until that very moment. 

 

So, as a result of both circumstances, I am just now capable to acknowledge receipt of this letter and to react on it.

 

The period of flu I was suffering also demonstrates, immedia­te­ly and clearly, the inadequacy of the fact that is only me who, according to your conditions as set forth in your letter of 31/01/02, were to be allowed to meet with our client Mr. Milosevic, with respect to his case before the European Court of Human Rights, though there is a team of lawyers represen­ting him in this very complicated and very comprehensive case: when I am not at his disposal, all mee­tings with Mr. Milose­vic, necessary in order to guarantee the progress in this case, fail to occur.
 

And this results inevitably in the complete stagnation of the case itself.

 

From the view of adequate facilities for a proper defence in this case before the European Court this is an legally inac­ceptable consequence.

I will discuss this issue with Mr. Milosevic and consider with him appropriate measures against this conditions, but I will alrea­dy now, beforehand, request you to allow, at least in princi­ple, also other members of the team of lawyers in this speci­fic European Court-case, access to Mr. Milosevic.
 

Which would make it possible to safeguard the continuation of the defence-prepara­tions in this legal proceedings, also in circumstances that I am not available.
 

Please, let me know your reaction with respect to this point.

 

The above mentioned matter that I am the only lawyer of our team who is, according to your arrangement, allowed to visit our client Mr. Milosevic, is not the only limitation which gives rise to grave concerns from the point of view of defence rights.
 

The fact that your letter is stating, after mentioning my previous visits on 21 August, 25 October, 22 November and 13 December, I quote:

 

"At this time the accused enjoys, regarding cases before the ECHR and Dutch courts, regular communications possi­bili­ties with yourself, including visits. I take the view that the frequency and time currently allocated to these visits satisfies the rights of the accused to pursue his interests before these courts" (emphasis added),

 

gives rise to the greatest anxiety, also in this respect, with regard to the ICTY's inten­tions to observe fairly Mr. Milose­vic defen­ce rights in both the Dutch court cases and the European Court case.
 

By this statement ICTY is at any rate suggesting that three short meetings with client with respect to three totally different, very compli­cated and comprehensive legal procee­dings were to be considered sufficiënt in order to establish a proper defence !
 

Which is definitely not the case.

 

And, moreover, that the ICTY is intending to carry on this policy of very restricted access in the next future.
 

I would like to hear your comment on this point as well.

 

Next point is that I have to rise a strong protest against the repeated practice of the Registrar Mr. Holthuis to address the Dean of the Dutch Bar Association with respect to my allegedly dealing with the ICTY in a disrespectful way.
 

To communicate any of such alleged disrespect to the Dutch Bar is, in term of the tribunal's regulations - Rule 46 - clearly to be seen as an ultimate sanction and, as such, beyond the competen­ce of the registrar.  
 

It is, in terms of the tribunal's regulations, after a war­ning, the final step, wich can moreover be set only by the Judge of a Cham­ber, and this also only after consent of the President.
 

Also outside the borders of the ICTY's procedures it is not up to the registar to disqualify me in front of the Dutch Bar.

 

Finally I acknowledge my request to visit Mr. Milosevic as soon as possible, made already today by telephone.
 

Also during the weekends I am at disposal to meet with him.

 

 

 

Yours sincerely, 

 

N.M.P. Steijnen

 

c.c. Mr. Ch. Rohde, Legal Officer