Nr. I
[Regeling vervallen per 25-08-2006]
Ambassade van het Koninkrijk der Nederlanden
Dar es Salaam, 15 August 2005
DAR/AR-073/2005
The Royal Netherlands Embassy presents its compliments to the International Criminal
Tribunal for Rwanda, and has the honour to refer to the Confidential Request for Assistance
by the Prosecutor of 21 July 2005 regarding the temporary custody of a high profile
detainee in the Netherlands which was received by Confidential Note from the Registrar
of the International Criminal Tribunal for Rwanda.
The Embassy is pleased to inform the Registrar, that this request for assistance is
acceptable under the conditions as set out below.
The Embassy refers to the Exchange of Letters of 22 and 24 April 1996 between the Kingdom of the Netherlands
and the United Nations constituting an Agreement regarding the applicability of the
Agreement between the Kingdom of the Netherlands and the United Nations concerning
the Headquarters of the International Tribunal for the Prosecution of Persons Responsible
for Serious Violations of International Humanitarian Law Committed in the Territory
of the Former Yugoslavia since 1991 to the activities and proceedings of the International
Tribunal for Rwanda in the Kingdom of the Netherlands.
1.
[Regeling vervallen per 25-08-2006]
The Netherlands permits the detention on its territory of Mr. Michel Bagaragaza (hereinafter
referred to as ``the detainee") in the United Nations Detention Unit of the ICTY (hereinafter
referred to as ``UNDU") in The Hague.
2.
[Regeling vervallen per 25-08-2006]
The transport of the detainee from the point of arrival in the Netherlands to the
UNDU, from the UNDU to the point of departure from the Netherlands as well as any
transport of the detainee in the Netherlands outside the UNDU shall be carried out
by the competent authorities of the Netherlands.
3.
[Regeling vervallen per 25-08-2006]
The Netherlands shall not exercise its jurisdiction over the detainee or proceed with
a request for assistance or extradition from another State with regard to the detainee
for acts, omissions or convictions prior to his arrival in the Netherlands.
4.
[Regeling vervallen per 25-08-2006]
The International Criminal Tribunal for Rwanda (hereinafter referred to as ``ICTR')
will ensure that the stay of the detainee in the Netherlands will be as short as possible.
In particular, the ICTR guarantees that the transfer of the detainee to another State
for the execution of his sentence within one year of his arrival in the Netherlands
has been arranged.
5.
[Regeling vervallen per 25-08-2006]
The costs as a result of the detention of this ICTR detainee at the UNDU will be borne
by the ICTR in the same manner as the costs resulting from the detention of ICTY detainees
at the UNDU are borne by the ICTY, including transportation. The modalities for reimbursement
of these costs will be resolved between the ICTY and ICTR.
If this proposal is acceptable to the ICTR, the Embassy proposes that this note and
the affirmative note of the ICTR will constitute an Agreement between the Kingdom
of the Netherlands and the ICTR which will enter into force on the date of receipt
of the ICTR's reply by the Embassy and will not exceed the duration of one year. If
this date is later than 16 August 2005 this Agreement will have retroactive effect
as from 16 August 2005.
The Royal Netherlands Embassy avails itself of this opportunity to renew to the ICTR
the assurances of its highest consideration.
To the International Criminal Tribunal for Rwanda
Arusha
