Nr. I
[Regeling vervallen per 11-05-2005]
ROYAL NETHERLANDS EMBASSY
Arusha, 14 May 2004
The Royal Netherlands Embassy presents its compliments to the Prosecutor of the International
Criminal Tribunal for Rwanda (hereinafter referred to as ``the ICTR"), and has the
honour to refer to the Confidential Request for Assistance by the Prosecutor of 28
April 2004 regarding the testimony of Witness 006 in Case Nos. ICTR-98-44-T, ICTR-98-41-T,
and ICTR-99-50-T, which was received by Confidential Note of the Chief of the Victims
& Witnesses Section of the International Criminal Tribunal for the Former Yugoslavia
of 28 April 2004.
The Embassy is pleased to inform the Prosecutor, that this request for assistance
is acceptable under the conditions as set out below.
1.
[Regeling vervallen per 11-05-2005]
The Embassy refers to the Exchange of Letters of 22 and 24 April 1996 between the Government of the Kingdom
of the Netherlands and the United Nations containing a Treaty regarding the application
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 (the ICTY Headquarters Agreement). The Parties to the said Exchange of Letters agreed
that in order to facilitate activities and proceedings that may be undertaken from
time to time by the ICTR in The Hague, the pertinent provisions of the ICTY Headquarters
Agreement are applicable, mutatis mutandis, to such activities and proceedings by the ICTR.
2.
[Regeling vervallen per 11-05-2005]
Consequently, the Embassy confirms that Article XVIII, Article XXI, paragraph 1 and
2, Article XXII, Article XXIII, Article XXIV, paragraph 1, and Article XXVI of the
ICTY Headquarters Agreement will apply in this case.
3.
[Regeling vervallen per 11-05-2005]
However, in view of the special circumstances of this case:
4.
[Regeling vervallen per 11-05-2005]
As to the application of Article XXVI, the Ministry of Justice of the Netherlands
will:
-
a) place Witness 006 in a Dutch Witness Protection Programme;
-
b) meet Witness 006 at the point of his arrival, which will be timely communicated by
or on behalf of the Registrar of the ICTR to the Ministry of Justice;
-
c) provide safe accommodation for Witness 006 throughout his stay in the Netherlands;
-
d) provide secure transfer for Witness 006 from the point of arrival to the safe accommodation,
daily from the safe accommodation to the main premises of the UN-ICTY, and from the
safe accommodation or the main premises of the UN-ICTY to the point of departure from
the Netherlands;
-
e) not allow that Witness 006 receives visitors, with the exception of the Source Handler
of the Office of the Prosecutor who has been designated as such by the Prosecutor,
as well as the Counsel who have been authorised by the Trial Chamber to be present
at the hearing of Witness 006.
5.
[Regeling vervallen per 11-05-2005]
The rules of the aforementioned Dutch Witness Protection Programme will apply. Witness
006 can only be protected as far as he will follow the instructions by the police
officers assigned to him.
6.
[Regeling vervallen per 11-05-2005]
The responsibility of the Dutch authorities for any claims by Witness 006, the UN
or any third party does not go beyond the usual responsibility for witnesses under
a Witness Protection Programme according to Dutch law.
7.
[Regeling vervallen per 11-05-2005]
All protection extended by the Dutch authorities will cease in case Witness 006 does
not use the first possible opportunity of leaving the territory of the Netherlands
after completion of his testimony. The ICTR will ensure that the stay of Witness 006
will be as short as possible.
8.
[Regeling vervallen per 11-05-2005]
The costs of the personnel providing security and the transfer costs will be borne
by the Dutch authorities. All other costs, such as the rent of safe accommodation,
food, daily allowances and costs of travel to and from the Netherlands, will be borne
by the ICTR.
9.
[Regeling vervallen per 11-05-2005]
This Agreement will have retroactive effect as from 11 May 2004 and will not exceed
the duration of one year.
If this proposal is acceptable to the Prosecutor, the Embassy proposes that this note
and the affirmative note of the Prosecutor will constitute an Agreement between the
Kingdom of the Netherlands and the International Criminal Tribunal for Rwanda which
will enter into force on the date of receipt of the Prosecutor's reply by the Embassy
and which will have retroactive effect as from 11 May 2004.
The Royal Netherlands Embassy avails itself of this opportunity to renew to the Prosecutor
of the International Criminal Tribunal for Rwanda the assurances of its highest consideration.
To the Prosecutor of the International Criminal Tribunal for Rwanda
Arusha
Publicatiepiek op wetten.overheid.nl.
