Case No. IT-02-54

Prosecutor v. Slobodan Milosevic

DECISION

THE DEPUTY REGISTRAR,

NOTING the decision of 11 December 2003 (the "Decision") concerning the communication privileges of Mr. Slobodan Milosevic (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 further decision filed on 9 January 2004 which extended the measures as outlined in the Decision for a "further period of thirty (30) days from 10 January 2004, which decision shall then be reviewed";

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 genocide, crimes against humanity and war-crimes such as the Accused is facilitating, 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 of the Accused winning 22 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 HOWEVER that the conduct of the Accused with regard to the use of communication facilities provided by the Detention Unit has complied with the decision filed on 9 January 2004;

CONSIDERING FURTHER that the Accused, who is representing himself, needs to take steps to prepare his defence case and thus will need to contact potential witnesses and attend to the collection of evidence;

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:

(i) Prohibit communication, via telephone between the Accused with any person(s) (particularly with the media), such prohibition shall not apply to telephone communication with his immediate family, legal counsel (where applicable), diplomatic or consular representatives on condition that this facility shall not be used in any manner to contact the media;

(ii) Monitor all authorised telephone conversations, except for communications with recognised legal representatives (if any) and diplomatic or consular representatives in accordance with current Detention Unit practices;

(iii) Prohibit, unless otherwise authorised by the Commanding Officer of the Detention Unit, all visits between the Accused with any person(s) (particularly with the media), such prohibition shall not apply to visits with his immediate family, legal counsel (where applicable), diplomatic or consular representatives;

(iv) All authorised visits shall be supervised by the Commanding Officer of the Detention Unit or an official he designates; and

(v) The aforesaid restrictions will not apply to:

(a) communication and visits which are reasonably necessary for the preparation of the Accusedís defence, including interviewing by telephone or in person potential witnesses or otherwise collecting evidence in his defence, provided that this facility shall not be used in any manner for any contacts with the media; and

(b) written communications wherein the current practices shall be maintained and the Detention Unitís regulations concerning the import and export of mail shall be adhered to.

___________
David Tolbert
Deputy Registrar

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