Case No.: IT-03-67-PT
BEFORE THE PRESIDENT OF THE INTERNATIONAL CRIMINAL TRIBUNAL
Judge Theodor Meron, President
Mr. Hans Holthuis
3 May 2005
DECISION ON MOTION TO CHANGE SEAT OF TRIBUNAL
Counsel for the Prosecutor:
Ms. Hildegaard Uertz-Retzlaff
Mr. Daniel Saxon
Mr. Vojislav Seselj
Mr. Tjarda Eduard van der Spoel
1. Vojislav Seselj ("Seselj") has filed a Motion before me requesting that the seat of the Tribunal be changed from The Hague.1 Seselj has not identified by which Rule he files his Motion, but makes the general claim that the President of the Tribunal "is responsible for the protection of The Hague accused because they are detainees of the United Nations".2
2. The decision that the Tribunal be seated in The Hague was taken by the Security Council in Resolution 827 of 25 May 1993. The President of the Tribunal has no authority to interfere with resolutions of the Security Council. Accordingly, the President has no authority to entertain the request made by Seselj in his Motion.
3. In support of his Motion, Seselj makes various complaints about his treatment in the United Nations Detention Unit. If Seselj wishes to pursue these complaints he is directed to follow the procedure set out in the Rules Governing the Detention of Persons Awaiting Trial or Appeal Before the Tribunal or Otherwise Detained on the Authority ("Rules of Detention")3. Rule 84 of the Rules of Detention provides that a detainee may make a complaint to the Commanding Officer or his representative at any time. If a detainee is not satisfied with the response from the Commanding Officer, Rule 85 of the Rules of Detention provides that he has the right to make a written complaint to the Registrar, who shall forward it to the President.
Done in English and French, the English version being authoritative.
Done this 3rd day of May 2005,
At The Hague,
Judge Theodor Meron
[Seal of the Tribunal]