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22 Reasons Why I Don't Want to be Imprisoned by the
Hague 'Tribunal'
[Posted 6 March 2002]
=======================================

Introductory Note

"What follows is taken from the Hague 'Tribunal's' rules covering
detention, visits and communications. Another piece, covering procedures
and evidence will follow. Note that these rules are for people who have
not been convicted of anything and who can have no expectation of a
speedy trial. Quite the contrary.

As you may recall, when the be-robed Chairman of the 'Tribunal,' Mr.
May, confronted Mr. Milosevic last week, he assured the world that
Milosevic would be afforded all rights under International Law. Then,
when Mr. Milosevic responded, his microphone was cut off several times,
producing periods of silence.

It is a feature of the New World Order that the most extreme attacks on
individuals and nations are presented as a defense of those individual
and nations. Thus when NATO marched into Kosovo, it broadcast advance
propaganda assuring Serbs, 'Gypsies' and Jews that NATO would guarantee
democratic, multiethnic life. Then their homes were seized or burned and
looted and they were expelled.

Similarly, the 'Tribunal' has rules which deny prisoners normal legal
rights. But these rules are couched in language that appears to grant
rights. 'War is Peace. Freedom is Slavery.' George Orwell, '1984.'"

- George Szamuely and Jared Israel

"Rules Governing The Detention Of Persons
Awaiting Trial Or Appeal Before The Tribunal..."

Reason That I Wouldn't Want to Be Imprisoned by the 'Tribunal, #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.

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 Milosevic'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

==========================
FURTHER READING
==========================

1) "Szamuely's List or 22 Reasons Why I Don't Want to be Imprisoned by
the Hague 'Tribunal'" Can be read at
http://www.icdsm.org/more/szam.htm

2) 'Expert on Psychology of Ethnic Conflict Changes his Mind about
Yugoslavia.' Can be read at
http://www.icdsm.org/more/gw.htm
Francisco Gil-White, a Professor who studies ethnic conflict, has
changed his mind about Yugoslavia. In this brilliant text he shows how
the media and supposed scholars have misrepresented what Slobodan
Milosevic said at Kosovo Field in 1989.

3) Slobodan Milosevic on the illegitimacy of the Hague Tribunal and the
crude Imperialism it is meant to disguise. Can be read at
http://www.icdsm.org/more/aug30.htm

4) 'Why is NATO Decimating the Balkans and Trying to Force Milosevic to
Surrender?'
By Jared Israel and Nico Varkevisser

5) 'Illegal Tribunal - Illegal Indictment,' by Dr. Hans Koechler at
http://emperors-clothes.com/docs/prog2.htm

6) How Madeline Albright Ordered The Hague 'Tribunal' To 'Indict'
Milosevic at
http://www.icdsm.org/more/lovie.htm

7) Official Statements Prove Hague 'Tribunal' Belongs to NATO
by Jared Israel at
http://www.icdsm.org/more/belongs.htm

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