Press Release
. Communiqué de presse
(Exclusively for the use of the media. Not an official document)
The Hague, 12
December 2003
JL/P.I.S./810e
REGISTRY IMPOSES COMMUNICATION RESTRICTIONS ON DETAINEES WITH REGARD TO
POLITICAL CAMPAIGNING IN THE MEDIA FROM THE TRIBUNAL’S DETENTION UNIT
On 11 December
2003, the Deputy Registrar of the Tribunal, David Tolbert, issued two Decisions
concerning the rights of detainees in the Tribunal’s Detention Unit to use
communications privileges for the purpose of political campaigning in the media.
The Decisions were specifically taken with a view to two Accused, Slobodan
Milosevic and Vojislav Seselj. Both Accused were notified today, 12 December
2003.
Before issuing
the Decisions, the Deputy Registrar took into account, among other things, the
following:
- Rule 2 of the
Rules of Detention, which provides that the United Nations "shall retain
the ultimate responsibility and liability for all aspects of detention";
- that the
Accused are candidates in the Serbian parliamentary elections scheduled to be
held on 28 December 2003;
- that the
Commanding Officer of the United Nations Detention Unit has received reports
that the Accused had recently made statements to their political parties and
supporters, using communication facilities provided by the Detention Unit and
with the intention of having these statements subsequently being reported in
the media;
- that Rule
63(B) of the Rules of Detention provides that "[t]he Registrar may refuse
to allow a person to visit a detainee if he has reason to believe that the
purpose of the visit is to obtain information which may be subsequently
reported to the media" in accordance with the proper administration of
justice and that it follows from this Rule and the principle on which it is
founded, that communication between a detainee and others may be prohibited if
there are reasons to believe that such communications would lead to a
detainee’s statements appearing in the media, particularly if the effect of
such statements is to undermine the Tribunal’s mandate to assist in the
restoration and maintenance of peace in the former Yugoslavia;
- that the
facilities provided by the Detention Unit are intended for the well-being of
the Accused and not for purposes that frustrate the Tribunal’s function to
assist in establishing peace and security in the former Yugoslavia and that
the fact that a detainee at the Detention Unit has communicated with the aid
of facilities provided by the Detention Unit to participate in an ongoing
Serbian parliamentary election campaign is such an occasion that is likely to
frustrate the Tribunal’s mandate;
The Deputy
Registrar decided, pursuant to Rules 60 and 63 of the Rules of Detention, for a
period of 30 days following the Decisions, to:
- "Prohibit
communication, via telephone between the Accused with any person(s)
(particularly with the media), such prohibition shall not apply to telephone
communication with his immediate family, legal counsel (where applicable),
diplomatic or consular representatives on condition that this facility shall
not be used in any manner to contact the media;
- All
authorised telephone conversations, except for communications with recognised
legal representatives (if any) and diplomatic or consular representatives,
shall be monitored;
- Prohibit
all visits between the Accused with any person(s) (particularly with the
media), such prohibition shall not apply to visits with his immediate family,
legal counsel (where applicable), diplomatic or consular representatives;
- All
authorised visits shall be supervised at the discretion of the Commanding
Officer of the Detention Unit or an official he designates."
*****
See full texts
of the Decisions by the Deputy Registrar (Milosevic
Case / Seselj Case)