URL for this article is
http://emperors-clothes.com/articles/szamuely/szam.htm
SZAMUELY'S LIST, PART 1
22 Reasons Why I Don't Want to be Imprisoned
by the Hague 'Tribunal'
"What follows are the Hague 'Tribunal's' rules
covering detention and also visitation
and communications. Other rules, covering
procedures and evidence will follow. Note that
these rules are for people who have not been
convicted of anything and who have no
expectation of a speedy trial. Quite the
contrary." - George Szamuely
"Rules Governing The Detention Of Persons
Awaiting Trial Or Appeal Before The
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 authorised 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 authorised 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 authorised 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 defence 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 defence
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 defence.
[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 apperance 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
www.tenc.net
[Emperor's Clothes]
---
Questa lista e' provvisoriamente curata da componenti della
ASSEMBLEA ANTIMPERIALISTA (ex Coord. Naz. "La Jugoslavia Vivra'"):
> http://www.tuttinlotta.org
I documenti distribuiti non rispecchiano necessariamente le
opinioni delle realta' che compongono questa struttura, ma
vengono fatti circolare per il loro contenuto informativo al
solo scopo di segnalazione e commento ("for fair use only").
Archivio:
> http://www.domeus.it/circles/jugoinfo oppure:
> http://groups.yahoo.com/group/crj-mailinglist/messages
Per iscriversi al bollettino: <jugoinfo-subscribe@...>
Per cancellarsi: <jugoinfo-unsubscribe@...>
Per inviare materiali e commenti: <jugocoord@...>
Sito WEB (non aggiornato):
> http://digilander.iol.it/lajugoslaviavivra
---- Spot ------------------------------------------------------------
Vuoi comprare - ma anche vendere - on line?
da oggi su Domeus hai una piazza tutta per te, 24 ore su 24.
Fatti un giro e vedrai che non te ne pentirai.
http://www.domeus.it/ad2601730/domeus
----------------------------------------------------------------------
Per cancellarti da questo gruppo, invia un messaggio vuoto a: jugoinfo-unsubscribe@...
http://emperors-clothes.com/articles/szamuely/szam.htm
SZAMUELY'S LIST, PART 1
22 Reasons Why I Don't Want to be Imprisoned
by the Hague 'Tribunal'
"What follows are the Hague 'Tribunal's' rules
covering detention and also visitation
and communications. Other rules, covering
procedures and evidence will follow. Note that
these rules are for people who have not been
convicted of anything and who have no
expectation of a speedy trial. Quite the
contrary." - George Szamuely
"Rules Governing The Detention Of Persons
Awaiting Trial Or Appeal Before The
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 authorised 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 authorised 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 authorised 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 defence 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 defence
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 defence.
[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 apperance 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
www.tenc.net
[Emperor's Clothes]
---
Questa lista e' provvisoriamente curata da componenti della
ASSEMBLEA ANTIMPERIALISTA (ex Coord. Naz. "La Jugoslavia Vivra'"):
> http://www.tuttinlotta.org
I documenti distribuiti non rispecchiano necessariamente le
opinioni delle realta' che compongono questa struttura, ma
vengono fatti circolare per il loro contenuto informativo al
solo scopo di segnalazione e commento ("for fair use only").
Archivio:
> http://www.domeus.it/circles/jugoinfo oppure:
> http://groups.yahoo.com/group/crj-mailinglist/messages
Per iscriversi al bollettino: <jugoinfo-subscribe@...>
Per cancellarsi: <jugoinfo-unsubscribe@...>
Per inviare materiali e commenti: <jugocoord@...>
Sito WEB (non aggiornato):
> http://digilander.iol.it/lajugoslaviavivra
---- Spot ------------------------------------------------------------
Vuoi comprare - ma anche vendere - on line?
da oggi su Domeus hai una piazza tutta per te, 24 ore su 24.
Fatti un giro e vedrai che non te ne pentirai.
http://www.domeus.it/ad2601730/domeus
----------------------------------------------------------------------
Per cancellarti da questo gruppo, invia un messaggio vuoto a: jugoinfo-unsubscribe@...