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