Case No. IT-03-67-PT

Prosecutor v. Vojislav Seselj

DECISION

THE DEPUTY REGISTRAR,

NOTING the decision of 11 December 2003 (the "Decision") concerning the communication privileges of Mr. Vojislav Seselj (the "Accused) at the United Nations Detention Unit (the "Detention Unit") wherein certain measures as outlined in the Decision were implemented for a period of "thirty (30) days following StheC Decision, which decision shall then be reviewed [Ö]";

NOTING the subsequent Registrarís Decision of 29 December 2003 (the "29 December 2003 Decision") that found that the Accused had "flagrantly violated the Decision" and prohibited, "all communication via telephone between the Accused and any person(s) except his legal counsel (if applicable) and diplomatic or consular representatives" for a period "expiring at the same time as the Decision expires (10 January 2004)";

NOTING the further Deputy Registrarís decision filed on 9 January 2004 wherein "for a further period of thirty (30) days from 10 January 2004, which decision shall be reviewed", it was decided to "[p]rohibit, unless otherwise authorised by the Commanding Officer of the Detention Unit, all communication between the Accused with person(s) except for his legal counsel (if applicable) and diplomatic or consular representatives";

RECALLING that the Decision considered inter alia, "that in balancing between the rights and entitlements to communication and visits of the Accused with that of the Tribunal to effectively perform its mandate and functions, the particular circumstances of the detainee necessitates the imposition of measures which are imperative for the avoidance of potentially deleterious media coverage resulting from unrestricted communication entitlements and visits";

RECALLING ALSO that "widespread media attention and coverage of the fact that an indictee for crimes against humanity and war-crimes such as the Accused is in a position to facilitate, with ease, the ongoing Serbian parliamentary elections campaign" was considered in the Decision when assessing factors that would likely frustrate the Tribunalís mandate;

NOTING that the Serbian parliamentary elections held on 28 December 2003 resulted in the political party headed by the Accused winning 82 seats of the 250 seat National Assembly of the Republic of Serbia;

CONSIDERING that post-election associated activities continue to see the likelihood of the political party and the supporters of the Accused seeking his further involvement in political activities associated with the 28 December 2003 Serbian parliamentary elections;

CONSIDERING that widespread media attention and coverage of the fact that the Accused is facilitating, with ease, either an ongoing Serbian parliamentary elections campaign or post-election political activities, each undermines the Tribunalís mandate to assist in the restoration and maintenance of peace in the former Yugoslavia;

CONSIDERING that the Accused has previously violated the Decision necessitating the 29 December 2003 Decision and this is indicative of the defiant disposition of the Accused in this regard;

CONSIDERING PARTICULARLY that the Accusedís defiant disposition in this matter is unchanged and continues to be of concern;

DECIDES pursuant to Rules 60 and 63 of the Rules of Detention, for a further period of thirty (30) days from 10 February 2004, which decision shall then be reviewed, to:

Prohibit, unless otherwise authorised by the Commanding Officer of the Detention Unit, all communication between the Accused with person(s) except for his legal counsel (if applicable), diplomatic or consular representatives and his immediate family, provided that his contact with his family shall be subject to live monitoring under conditions prescribed by the Commanding Officer of the Detention Unit.

 

__________
David Tolbert
Deputy Registrar

Dated this sixth day of February 2004
At The Hague
The Netherlands