前田 朗＠歴史の事実を視つめる会、です。
５月４日
１） ミロシェヴィッチ元大統領がＩＣＴＹ（旧ユーゴ国際戦犯法廷）の起訴状
の受け取りを拒否したそうです。
＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊
2001年5月4日（金） 18時51分
＜ユーゴスラビア＞国際戦犯法廷の起訴状受け取り拒否 前大統領（毎日新聞）
ユーゴスラビア連邦の司法当局は３日、不正蓄財などの容疑で逮捕、拘置中の
ミロシェビッチ前大統領に対し、旧ユーゴ国際戦犯法廷（オランダ・ハーグ）に
よる戦争犯罪での起訴状を渡そうとしたが、受け取りを拒否された。前大統領は
「戦犯法廷はまがい物」と主張、起訴状は監房の入り口に置かれたままになって
いるという。［毎日新聞 5月 4日］
＊ ＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊＊
２） ＩＣＴＹの側では、４月２８日にハンス・ホルティウス書記官がユーゴ司
法省に次の手紙を送ったことを、５月３日のプレスリリースで公表していまし
た。１９９９年５月２４日の起訴状と、２００１年１月２２日の逮捕状から始ま
る、身柄引渡し要請のための手紙です。ユーゴ側は当初は国内法廷で裁判をする
としていたのが、ＮＡＴＯ諸国やＩＣＴＹからの強い要請を受けて、ミロシェヴ
ィッチに起訴状を渡そうとするところまで姿勢を変化させています。この後、強
制的に身柄を引き渡すかどうかは不明ですが。
Case No. IT-99-37-I
Excellency,
Further to the letter of 25 April 2001 sent to you by the Prosecutor,
Carla del Ponte, and with reference to the Indictment against Slobodan
Milosevic and Others, which was confirmed by Judge Hunt on 24 May 1999,
and the Warrant of Arrest and Order for Surrender of Slobodan Milosevic,
which was issued by Judge Hunt on 22 January 2001, I refer to our
meeting of 6 April 2001, and the assurances provided therein that the
above Indictment and Arrest Warrant would be personally served on Mr.
Milosevic by the Investigating Judge mandated with domestic
investigation into Mr. Milosevic forthwith.
Pursuant to the Warrant of Arrest and Surrender, the authorities of
the
Federal Republic of Yugoslavia were directed to search for, arrest,
detain, and surrender Mr. Milosevic to the International Criminal
Tribunal for the former Yugoslavia ("the International Tribunal").
Rule
55 of the Rules of Procedure and Evidence of the International Tribunal
stipulates that in order to execute an arrest warrant, the national
authorities shall serve the arrest warrant on the accused personally,
and that at the time of the arrest, the indictment and the statement
of
the rights of the accused shall be read or provided to the accused
in a
language that he understands, and that he should be cautioned in
relation to his right against self-incrimination in that language.
The Warrant of Arrest and Surrender further directs that once this
process of arrest has been effected, the authorities of the Federal
Republic of Yugoslavia shall promptly notify the Registrar in order
to
commence arranging the transfer of Mr. Milosevic to the seat of the
International Tribunal. At present, the International Tribunal has
not
received confirmation from the authorities of the Federal Republic
of
Yugoslavia that the arrest warrant was executed in accordance with
the
procedural requirements of the International Tribunal. I would therefore
like to respectfully draw your attention to the fact that the
authorities of the Federal Republic of Yugoslavia are required to act
promptly, and with all due diligence to ensure the proper and effective
execution of this arrest warrant, in accordance with Article 29 of
the
Statute.
Alternatively, if the national authorities are unable to execute this
Warrant of Arrest and Surrender, then in accordance with Rule 59 of
the
Rules of Procedure and Evidence, they are required to report this fact
to the Registrar of the International Tribunal immediately, detailing
the reasons that have precluded the proper execution of the arrest
warrant. With respect to the above-mentioned correspondence of the
Prosecutor, I would like to clarify that the Rule 59 report regarding
the service of the indictment and the execution of the arrest warrant
should be directed to the Registrar of the International Tribunal.
In view of the assurances of expeditious co-operation that were tendered
during our meeting, I am confident that the appropriate procedural
requirements will be fully complied with and that the International
Tribunal will not have occasion to consider the procedure for
non-compliance, which is delineated in Rule 59(B). This provides that
if, within a reasonable time after the arrest warrant or transfer order
has been transmitted to the State, a report has not been provided on
the
action taken, this shall be deemed to be a failure to execute the arrest
warrant or transfer order and the International Tribunal, through the
President, may notify the Security Council of the United Nations
accordingly.
Finally, I would like to invite you to give due consideration to the
fact that the above procedural requirements are equally applicable
to
the other persons named in the Milosevic and Others Indictment; that
is,
Milan Milutinovic, Nikola Sainovic, Dragoljub Odjanic, and Vlajko
Stojiljkovic.
Please accept, Excellency, the assurances of my highest consideration.
Hans Holthuis
Registrar