Application for Permission to Visit a Detainee

at the ICTY UN Detention Unit (PART 1)

In order for your application to be considered, please ensure that:

·  the completed application (PART 1 and PART 2), duly filled and signed, is accompanied by a legible

copy of the picture page of your passport and is submitted at least 10 working days in advance of the

requested visiting date by e-mail to: or by fax to: +31 (0)70 358 5375

·  separate applications are submitted for each applicant and/or each detainee

·  the detainee has submitted a request for your visit at least 10 days in advance following standard UNDU procedures known to each detainee (ICTY staff are not in a position to contact the detainee on your behalf)

·  a completed application accompanied by a legible copy of the picture page of your passport is re-submitted every time you wish to renew your visit permit

Detainee you wish to visit:
(First Name and Surname)
Date and duration of requested visit:
VISITOR’S PERSONAL DATA (all fields are mandatory)
Visitor’s First Name and Surname:
Date and Place of Birth: / Day/Month/Year / Place/Country
Passport Number:
Current Address
in the Country of Residence:
Contact Details: / Telephone: / e-mail (if available): / Fax (if available):
Which languages do you speak?
(for the purpose of contacting you):
Current Occupation/Profession:
·  Have you ever been engaged in the public domain
(Government / media / religious / other)? Yes □ No □
If yes, please state where and in which capacity:
·  Have you ever appeared in the media (local / international)? Yes □ No □
If yes, please specify the media, your capacity and topics discussed:

(PART 1 – continued)
·  Have you ever been a witness in any proceedings before the ICTY, or do you expect to be called as a witness in any proceedings pending before the ICTY? Yes □ No □
If yes, please specify which case and when:
Visitor’s relationship to detainee (all fields are mandatory)
Have you previously visited this detainee: Yes □ No □
If yes, please state the date of your last visit:
What is your relationship with the detainee? Family □ Friends □ Other □
·  Explain in detail the exact nature of your relationship with the detainee:
(simplified explanations, such as ‘cousin’ or ‘good friend’ are not sufficient)
·  Specify the time over which you have known the detainee:
·  Specify the frequency and the nature of your previous interaction with the detainee:
·  Please provide:
(i) the reasons for your visit
(ii) the purpose of your visit
Please note that the submission of this application form and/or the UN Detention Unit reservation
is not a guarantee that your visit will be granted

By signing this application form I certify that the information stated above is true and complete.

I agree to be bound by the Rules and Regulations governing visits to the UN Detention Unit.

Date:______Signature:______


UNDERTAKING FOR VISITORS TO THE UN DETENTION UNIT

(PART 2)

1)  Acknowledging that visits to the Detainee are subject to the provisions of the Rules Governing the Detention of Persons Awaiting Trial or Appeal Before the Tribunal or Otherwise Detained on the Authority of the Tribunal (IT/38/REV.9 – see attached);

2)  I undertake not to disclose any information acquired in the course of my visit to the United Nations Detention Unit (“UNDU”) including, but not limited to:

a)  The layout, configuration and physical description of the UNDU, including the locations of detainees within the UNDU;

b)  The health of the Detainee I am visiting, including his mental health and physical appearance, or any topics we may discuss;

c)  Any other information relating to the UNDU, or any detainee that I may acquire in the course of my visit to the UNDU;

d)  Introduction to/export from the Detainee of any information or materials, including, but not limited to, written or oral messages and instructions to/from third parties.

3)  I undertake not to disclose the abovementioned information to third parties in any form, including, but not limited to the publication of such information in any media (including web-sites), at public rallies or in private conversations;

4)  I give my personal assurance that I will do nothing to jeopardize the safety, health and well-being of any detainee or of any UNDU staff; and

5)  I acknowledge that any breach of the above conditions, or any other breach of the Rules and Regulations governing the UNDU, may result in restriction of detainee’s visitation rights, and may lead to sanctions against me.

Visitor’s name and surname: ______

Signature: ______

Place and date: ______

·  ***This page is for your information only – you do not need to attach it to your application***

Relevant Excerpts from the Rules Governing the Detention of Persons Awaiting Trial or Appeal before the Tribunal or Otherwise Detained on the Authority of the Tribunal (IT/38/REV.9) Relating to Communications and Visits

Rule 58

A.  Subject to the provisions of Rules 64 and 64bis, detainees shall be entitled, under such conditions of supervision and time-restraints as the Commanding Officer deems necessary, to communicate with their families and other persons with whom it is in their legitimate interest to correspond by letter and by telephone at their own expense.

B.  In the case of a detainee who lacks financial means, the Registrar may agree that the Tribunal will bear such expenses within reason.

C.  The Registrar may order that non-privileged telephone conversations be recorded or monitored as provided for in the Regulations to govern the supervision of visits to, and communications with, detainees.

Rule 59

A.  All correspondence and mail, including packages, shall be inspected for explosives or other irregular material.

B.  The Commanding Officer, in consultation with the Registrar, shall lay down conditions as to the inspection of correspondence, mail and packages in the interests of maintaining order in the Detention Unit and to obviate the danger of escape.

Rule 60

A detainee shall be promptly informed of the death or serious illness of any near relative.

Rule 61

A.  Detainees shall be entitled to receive visits from family, friends and others, subject only to the provisions of Rules 64 and 64bis and to such restrictions and supervision as the Commanding Officer, in consultation with the Registrar, may impose. Such restrictions and supervision must be necessary in the interests of the administration of justice or the security and good order of the host prison and the Detention Unit.

B.  The Registrar shall refuse to allow a person to visit a detainee if he has reason to believe that the purpose of the visit is to obtain information which may be subsequently reported in the media. Rule 64bis(C) shall apply mutatis mutandis to decisions taken by the Registrar under this Sub-Rule.

C.  All visitors must comply with the separate requirements of the visiting regime of the host prison. These restrictions may include personal searches of clothing and X-ray examination of possessions on entry to either or both of the Detention Unit and the host prison.

D.  Any person, including defence counsel for a detainee or a diplomatic or consular representative accredited to the Host State, who refuses to comply with such requirements, whether of the Detention Unit or of the host prison, may be refused access.

E.  In the interests of security and good order of the Detention Unit, the Registrar may refuse to allow a former detainee to visit any other detainee at the Detention Unit.

Rule 62

A detainee must be informed of the identity of each visitor and may refuse to see any visitor other than a representative of the Registrar, or a representative of the Prosecutor.

Rule 63

Detainees shall be allowed to communicate with and receive visits from the diplomatic and consular representative accredited to the Host State of the State to which they belong, or in the case of detainees who are without diplomatic or consular representation in the Host State and refugees or stateless persons, with the diplomatic or consular representative accredited to the Host State of the State which takes charge of their interests or of a national or international authority whose task it is to serve the interests of such persons.

Rule 64

A.  The Prosecutor may request the Registrar or, in cases of emergency, the Commanding Officer, to prohibit, regulate or set conditions for contact between a detainee and any other person if the Prosecutor has reasonable grounds for believing that such contact:

i.  is for the purposes of attempting to arrange the escape of the detainee from the Detention Unit;

ii.  could prejudice or otherwise affect the outcome of:

a)  the proceedings against the detainee; or

b)  any other investigation;

iii.  could be harmful to the detainee or any other person; or

iv.  could be used by the detainee to breach an order for non-disclosure made by a Judge or a Chamber pursuant to Rule 53 or Rule 75 of the Rules of Procedure and Evidence.

B.  .If the request is made to the Commanding Officer on grounds of urgency, the Prosecutor shall immediately inform the Registrar of the request, together with the reasons therefore. The detainee shall immediately be informed of the fact of any such request

C.  A detainee may at any time request the President to deny or reverse a request made by the Prosecutor under this rule.

Rule 64bis

A.  Without prejudice to the foregoing provisions on communications and visits, the use of communication facilities available at the Detention Unit, by a detainee, with the sole purpose of contacting the media directly or indirectly, shall be subject to the approval of the Registrar.

B.  In his decision, the Registrar may consult with the Commanding Officer and shall have regard to whether such contact with the media:

i.  could disturb the good order of the Detention Unit; or

ii.  could interfere with the administration of justice or otherwise undermine the Tribunal’s mandate.

C.  A detainee may at any time request the President to reverse a denial of contact made by the Registrar under this Rule. The President may decide to review the Registrar’s decision, or if the President determines that the denial of contact constitutes an infringement on the right of the accused to be tried fairly, refer the request to the Trial Chamber to determine.

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