Case No. IT-03-67-PT

Prosecutor v. Vojislav Seselj

DECISION

THE 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 [the] Decision, which decision shall then be reviewed [Ö]";

NOTING the subsequent Registrarís decision of 29 December 2003 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";

NOTING the Deputy Registrarís decisions filed on 9 February 2004 and on 9 March 2004 wherein, for a further period of thirty (30) days therein stated, 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 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";

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 when assessing factors likely to frustrate the Tribunalís mandate, in the context of Serbian parliamentary elections, the Decision considered, "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";

NOTING that the Serbian presidential elections are scheduled to held on 13 June 2004;

CONSIDERING the likelihood of the political party and the supporters of the Accused seeking his direct or indirect involvement in political activities associated with the 13 June 2004 presidential elections;

CONSIDERING that widespread media attention and coverage of the fact that the Accused facilitates, with ease, a Serbian presidential election campaign undermines the Tribunalís mandate to assist in the restoration and maintenance of peace in the former Yugoslavia;

CONSIDERING the Accusedís defiant disposition vis-à-vis the Decision and subsequent decisions concerning his communication privileges;

CONSIDERING PARTICULARLY that on 6 April 2004, when the Commanding Officer of the Detention Unit inquired as to the Accusedís position with regard to the measures concerning his communication privileges at the Detention Unit, the response of the Accused indicated an uncooperative disposition with regard to the said measures and the Rules Governing the Detention of Persons Awaiting Trial or Appeal before the Tribunal or otherwise Detained on the Authority of the Tribunal ("Rules of Detention");

CONSIDERING that the balance between the rights and entitlements to communication or visits of the Accused with that of the Tribunal to effectively perform its mandate and functions, must be assessed in view of the 13 June 2004 presidential elections and the disposition of the Accused as noted above;

CONSIDERING THEREFORE that the particular circumstances in this case continue to necessitate the imposition of measures to avoid potentially deleterious media coverage resulting from unrestricted communication entitlements and visits;

DECIDES pursuant to Rules 60 and 63 of the Rules of Detention, for a further period of thirty (30) days from 10 March 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;

The current practice in relation to written communications shall be maintained and the Detention Unitís regulations concerning the import and export of mail shall be adhered to.

__________
Hans Holthuis
Registrar

Dated this eighth day of April 2004
At The Hague
The Netherlands