22 Reasons Why I Don't Want to be Imprisoned by the Hague 'Tribunal'

Reason 1. Rule 36 bis (A) - The Commanding Officer of the Detention Unit may decide upon the search of a detainee's cell if he suspects that the cell contains an item which constitutes a threat to the security or good order of the detention unit or the host prison, or the health and safety of any person therein.

Reason 2. Rule 36 ter (A) - In exceptional circumstances, in order to
protect the health or the safety of the detainee, the Registrar, with the
approval of the President, may order that the cell of the detainee be
monitored by video surveillance equipment for a period not exceeding thirty days.

Reason 3. Rule 63 (A) - Detainees shall be entitled to receive visits from family, friends and others, subject only to the provisions of Rule 66 and
to such restrictions and supervision as the Commanding Officer, in
consultation with the Registrar, may impose. Such restrictions and
supervision must be necessary in the interests of the administration of
justice or the security and good order of the host prison and the detention unit.

(B) The 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 in the media.

Reason 4. Rule 64 - A detainee...may refuse to see any visitor other than a representative of the Prosecutor.

Reason 5. Rule 66 (A) - The Prosecutor may request the Registrar or, in
cases of emergency, the Commanding Officer, to prohibit, regulate or set conditions for contact between a detainee and any other person if the Prosecutor has reasonable grounds for believing that such contact:

(ii) could prejudice or otherwise affect the outcome of:

(a) the proceedings against the detainee; or, (b) any other investigation;

(iv) could be used by the detainee to breach an order for non-disclosure
made by a Judge or a Chamber pursuant to Rule 53 or Rule 75 of the Rules of Procedure and Evidence.

Reason 6. Rule 76 (A) - If, in the opinion of the Prosecutor, the interests
of justice would not be served by allowing a particular detainee
unrestricted access to the news, or that such unrestricted access could
prejudice the outcome of the proceedings against the detainee or of any
other investigation, the Prosecutor may request the Registrar, or in cases of urgency, the Commanding Officer to restrict such access.

The following are from rules on "Visits And Communications" of detainees...

Reason 7. Regulation 3 - Incoming mail will be inspected both on delivery to the host prison and to the United Nations detention unit.

Reason 8. Regulation 4 (A) - The Commanding Officer may confiscate any item which, in his opinion, constitutes a threat to:

(i) the security or good order of the detention unit or the host prison;
or,

Reason 9. Regulation 8 (A) - The Registrar, or a person authorized by him, shall, within twenty-four hours of receipt, open and read, or have read, each item of mail.

Regulation 8 (B) - Items of opened mail shall be delivered to the detainee or posted to the addressee immediately thereafter and the detainee informed accordingly unless the item:

(i) is in breach of:

(a) the Rules of Detention;

(b) these Regulations; or,

(c) an Order of the Tribunal;

(ii) gives reasonable grounds to the Registrar, or a person authorized by
him, to believe that the detainee may be attempting to:

(b) interfere with or intimidate a witness;

(c) interfere with the administration of justice; or,

(d) otherwise disturb the security and good order of the detention unit.

Reason 10. Regulation 9 (A) - If the Registrar, or a person authorized by
him, finds there to have been a breach of the Rules of Detention, these Regulations or an Order of the Tribunal, an offending item of:

(i) outgoing mail shall be returned to the detainee together with a note
from the Registrar, in a language the detainee understands, giving the
reasons for refusal to post the offending item;

(ii) incoming mail shall, in the sole discretion of the Registrar, either
be returned to the sender or retained by the Registrar and the detainee
shall be informed accordingly.

Regulation 9 (B) - Detainees shall be given the opportunity to rewrite items of outgoing mail omitting the offending part.

Regulation 9 (c) - A copy shall be kept by the Registrar of all offending
items and any offending enclosure may be confiscated.

Regulation 9 (D) - The Registrar may also notify the Prosecutor, the
Commanding Officer and, if deemed necessary, the Dutch authorities of the breach and of the nature of the offending item.

Reason 11. Regulation 11 (A) - Correspondence addressed to or from counsel for the detainee shall not be interfered with in any manner unless the Commanding Officer or the Registrar has reasonable grounds for believing that this facility is being abused in an attempt to:

(ii) interfere with or intimidate a witness;

(iii) interfere with the administration of justice; or,

(iv) otherwise disturb the good order of the detention unit.

Regulation 11 (B) - In any such case, the Commanding Officer shall
immediately forward the item in question to the Registrar, unopened, and shall enter details of the interception in the log referred to above and notify the detainee accordingly.

Regulation 11 (c) - The Registrar shall contact the counsel to whom the
item is addressed or by whom it was sent and request counsel to open the item in his presence.

Regulation 11 (D) - Counsel may be required to explain to the Registrar, in one of the working languages of the Tribunal, the nature of the item and to hand over any offending item or enclosure.

Reason 12. Regulation 14 (c) - Parcels containing items that, in the sole discretion of the Commanding Officer, pose a threat to the safety and good order of the detention unit shall be confiscated and their contents
retained or disposed of in accordance with Rule 14 of the Rules of
Detention and the detainee informed accordingly.

Reason 13. Regulation 15 -The Commanding Officer may, in consultation with the Registrar, place such restrictions upon the time that a detainee may spend on any one telephone call as are reasonable for the good order of the detention unit.

Reason 14. Regulation 19 - If the Commanding Officer believes that he has reasonable grounds for intervention, he may immediately terminate a call and advise the detainee of his reasons for so doing. The Commanding Officer shall also report the matter to the Registrar.

Reason 15. Regulation 20 - Telephone conversations will not be recorded or monitored unless:

(A) the Commanding Officer or the Registrar has reasonable grounds for
believing that the detainee may be attempting to:

(ii) interfere with or intimidate a witness;

(iii) interfere with the administration of justice; or,

(iv) otherwise disturb the maintenance of good order in the detention unit;

(B) an Order for non-disclosure has been made by a Judge or a Chamber pursuant to Rule 53 and Rule 75 of the Rules of Procedure and Evidence;

(C) specifically requested by the Prosecutor following the disclosure to
the defense of the names of witnesses pursuant to Rule 67 of the Rules of Procedure and Evidence.

Reason 16. Regulation 21 (A) - If one of the situations listed in
Regulation 20 arises, the Registrar may order all telephone calls to and
from that detainee, other than with counsel and diplomatic representatives, to be recorded or monitored for a period not exceeding thirty days.

Reason 17. Regulation 33 (A) - Permission shall be granted for...visits
unless the Registrar or the Commanding Officer has reasonable grounds for believing that the detainee may be attempting to:

(ii) interfere with or intimidate a witness;

(iii) interfere with the administration of justice; or,

(iv) otherwise disturb the maintenance of good order in the detention unit.

(B) Permission may be denied if the Registrar has reason to believe that
the purpose of the visit is to obtain information which may be subsequently reported in the media.

Reason 18. Regulation 43 (A) - All visits shall be conducted within the
sight of the staff of the detention unit, save in exceptional circumstances
and at the discretion of the Commanding Officer in consultation with the
Registrar.

(B) Discussions between the detainee and the visitor shall not be recorded unless :

(i) the Commanding Officer has reasonable grounds for believing that the detainee may be attempting to:

(b) interfere with or intimidate a witness;

(c) interfere with the administration of justice; or,

(d) otherwise disturb the maintenance of good order in the detention unit;

(ii) an Order for non-disclosure has been made by a Judge or a Chamber pursuant to Rule 53 or Rule 75 of the Rules of Procedure and Evidence.

(iii) specifically requested by the Prosecutor following the disclosure to
the defense of the names of witnesses pursuant to Rule 67 of the Rules of Procedure and Evidence.

Reason 19. Regulation 44
(A) If one of the situations listed in Regulation 43(B) arises, the
Registrar may, at the request of the Commanding Officer or otherwise,
order that all visits to that detainee, other than by counsel and
diplomatic representatives, be recorded for a period not exceeding seven days.

(B) Renewal of the period, which shall not exceed seven days, shall be
reported to the President.

(C) The detainee and his counsel shall be notified of the request and of
the Registrar's decision within twenty-four hours.

Reason 20. Regulation 47 - Details of all recorded visits shall be
forwarded to the Registrar within twenty-four hours, who shall make a
determination whether to listen to, or have transcribed and read, each
individual recorded visit.

Reason 21. Regulation 49
(A) If the Registrar finds there to have been a breach of the Rules of
Detention , these Regulations or an Order of the Tribunal, the offending
conversation will be transcribed by the Registry and, where necessary,
translated into one of the working languages of the Tribunal.

(B) The Registrar may notify the Prosecutor, the Commanding Officer and, if deemed necessary, the Dutch authorities of the nature of the breach.

Reason 22. Regulation 50
(A) Any conversation which is transcribed under Regulation 49 shall be
retained by the Registrar.

(B) Such transcriptions shall not be handed over to the Prosecutor as
evidence of contempt of the Tribunal pursuant to Rule 77(c) of the Rules of Procedure and Evidence without prior notice and disclosure to counsel for the defense.

[Coming Soon: Part 2, Why I Don't Want to be "Tried" by the Hague
"Tribunal" - Excerpts from the rules of procedure and evidence.]


URL's for the above are
http://www.un.org/icty/basic/detention/IT98_rev3.htm and
http://www.un.org/icty/basic/detention/IT38_rev8con.htm


Further Reading, and Notes:

1) 'Reichstag Fire Trial, the Sequel' Jared Israel's biting report on
Slobodan Milsoevic's first appearance at the Hague 'Tribunal'. Can be read at http://emperors-clothes.com/milo/point1.htm

2) BIS: The suffix 'bis' is Old Latin for "repeat" indicating that an item is second.

3) TER: Similarly, 'ter' is from Old Latin meaning "three times," indicating that said item is third.

4) 'Back to the Dark Ages?' by Jared Israel at
http://emperors-clothes.com/articles/jared/bac.htm

5) 'Learning from the Inquisition,' by Prof. Kosta Cavoski at
http://emperors-clothes.com/articles/cavoski/c-4.htm

http://www.tenc.net
[Emperor's Clothes]