Appendix 9

 

Memorandum In Reply by the Court of Justice in The Hague

dated June 26, 1986 Upholding the Verdict of May 22, 1986

 

(Existing English translation corrected on grammar and style without access to the original)

 

SLOBODAN MITRIC, Residing in The Hague

Defendant

Attorney: Mr. J . Groen

Counsel: Mr.. C.P. Korvinus

 

versus

 

THE DUTCH CROWN (Department of Justice), Seated in The Hague

Appellant: Attorney: Mr. J.L. de Wijkerslooth

 

Your Honour,

By sentence of May 22n, 1986 the ruling President of the District Court in The Hague has forbidden the Crown to remove directly of indirectly or to expel Slobodan Mitric, from now on to be called Mitric, to the Socialist Federative Republic of Yugoslavia.

Mitric has taken note of the appeal summons and the Grievance Memorandum of the Crown. The Crown brought forward one grieve against which Mitric will defend himself in the following.

Mitric will submit the complete file and upholds what he has brought forward in the first instance, which has to be considered repeated and inserted here.

 

Concerning Grievance I

Rightly the President has forbidden the expu1sion of Mitric, because attention has to be paid to the fact that in Yugoslavia actions will be taken against him, which would not be covered by what is defined in article 3 of the European Amendment on Human Rights.

 

Clarification

In fact, the Crown states that:

1. Mitric has not been a member of the Yugos1av Secret Service; this has never in any way been proved according to the  [Dutch] National Security Service.

2. The President has attached too much value to the declarations made by the experts Rüter, Broekmeijer and the High Commissioner for Refugees of the United Nations, and that these declarations are dated.

3. The telex of Interpol Belgrade would sufficiently guarantee that Mitric would not be treated as meant in article 3 of the European Amendment on Human Rights.

4. The European Commission did not honour the appeal of a Pole based on article 3 of the European Amendment on Human Rights against expulsion from Germany.

5. The Department of Jurisdiction of the State Counsel in her sentence of May 29, 1980 would have given an opinion on the future legality of expulsion to Yugoslavia.

 

Concerning 1

At the start of the Mitric case in 1973, an attempt was already made to depict Mitric as a criminal and to deny the political backgrounds of the case. Mitric stated from the beginning that the cause for the fatal shooting on December 25, 1973 in Amsterdam was an attempt on his life on December 24, 1973.

This attempt was made because of his desertion from the Yugoslavian Secret Service after he had refused to liquidate V. Dapcevic in Brussels and instead had informed him about this plan by the Yugoslav Secret Service. Later on, this Dapcevic was taken by force to Yugoslavia where he was sentenced to death. This was later changed, because of his age (60) to 20 years in prison. No one knows what happened to him since.

Members of the [Dutch] National Security Service have questioned Mitric at least five times in 1973, but reports of these hearings were not added to the files. Only after the Court in Amsterdam remitted the case to the examining magistrate in a second instance, the role played by the National Security Service was mentioned in response to a request by the defence. Also, by investigations carried out by commissions in Sweden and Brussels it was ascertained that Mitric had indeed been a member of the Yugoslav Secret Service and that there had been a previous attempt [on his life] plus the fact that Mitric had met Dapcevic. Because of its dubious nature, the declaration of Van den Ende was put aside by the Court in Amsterdam, as can be seen from the conclusions of the Court in her decree.

I will limit myself to referring to the pleas made by Mr. Hamer before the Court, the report of the Swedish commission and the report of the investigations made by the Belgium authorities into the disappearance of· Dapcevic (together with newspaper articles), which I herewith submit to the Court.

In his plea before the Court in Amsterdam (page 12) the President of the Criminal Court spoke the following words at the opening of Mitric’ case (Public Prosecutions, 01.06.1976):

“Two years ago the background of this case was not clear to the Court (...) After the first trial, many hearings were held and investigations made. The Court took note of the minutes and the reports. That is why the Court declares it to be likely that this case has a politica1 background. The accused, as an agent, has probably not carried out a specific order. The accused. Was likely to believe that his life was in danger. This was confirmed by the shooting on December 24, 1973. According to the Court the political background of this case does not require any further evidence or explanation. Yet the public prosecutor and the counsel are of course free to do so.”

It is clear that the declaration sworn under oath by Van den Ende, a member of the [Dutch] National Security Service, has been disqualified.

 

Concerning 2

Herewith two recent letters from Prof. Mr. C.F. Rüter and Dr. M.J. Broekmeijer are submitted (both dated June 24, 1986), addressed to Mitric’s counsel, who had asked them to comment on the statements mentioned in the Grievance Memorandum.

They both come to the conclusion that it is virtually certain that Mitric was part of the Yugoslav Secret Service and that the Crown knows this (see the passage from Rüter on the investigations made by the National Security Services.) Also, they are both clear about what Mitric is awaiting in Yugoslavia, namely death.  Both of them base this appraisal on years of experience for Amnesty International in Yugoslavia. Both of them state that nothing has changed in the present regime in Yugoslavia. The new president of Yugoslavia is Branko Mikulic. By the population he is called “Kasapin”, meaning “butcher”, because of the fact that in 1968 he ordered troops to open fire on a group of students in New Belgrade.

Finally, it has to be mentioned that on a [Dutch] NOS radio program (on May 27, 1986, entitled “On the Edge of· Justice”, about the· Mitric case) the East European correspondent of this National Dutch radio reported that no declaration from the Yugoslavian authorities was forthcoming that Mitric would not be prosecuted in Yugoslavia, which in his opinion affirmed that Mitric rightly fears to be liquidated in Yugoslavia. This correspondent has been working in Eastern Europe for some ten  years.

Neither should it remain unsaid here· that the High Commissioner for Refugees again approached the parliamentary Undersecretary for Justice to assure her that the fate of Mitric upon return in Yugoslavia would be cruel and inhuman  (see the recent reports made by Amnesty).

A similar declaration made by the Dutch Red Cross (May 1986 ) has already been given to Court.

The attitude· of the Dutch crown is completely incomprehensible in view of all these declarations, to which the President has rightly attached decisive value.

 

Concerning 3

The telex of Interpol Belgrado has been presented by the Crown as a declaration that is of more importance than a sealed document exchanged on diplomatic level and signed by the Yugoslav authorities. It has hardly ever happened that arguments were exchanged in this way for these purposes. The Crown knows that this telex is without any value in the Yugoslav situation, given the form and contents of it. This telex is no guarantee for the fate of Mitric in Yugoslavia (see the letters by Rüter and Broekmeijer).

 

Concerning 4

The President has used the following sentence of the European Commission in his motivation: “The case in which the European Commission held the view that expulsion to Poland of a Pole, who was recognised as a refugee earlier in Denmark, was not in contradiction to the already mentioned article 3, because of the fact that he would be prosecuted in most countries of the European Counsel for the actions for which he would be prosecuted in Poland. But that case differs from the present one. It does not appear from the above sentence of the Commission that the person in question has brought in acceptable reasons that can be used here as a starting point.”

This motivation of the president has not been contested by the Crown. Here it must be remarked that desertion from the Secret Service is different from desertion from the army.

 

Concerning 5

This argument seems to be a strange one in view of the fact that  the Crown during former short cases in which it was always stated that the President could not take actions as long as the Crown had not decided to expel to Yugoslavia and that the Crown in that case had to look at al1 current circumstances. The Crown cannot say very well now that the Jurisdiction Department in 1980 included the circumstances in 1986 in her decision. The sentence of the State Counci1 in no way means an assessment of the expulsion, but it is merely a weighing of interests in the sphere of ·the aliens act for declaring him undesirable.

Besides, in technical literature (see Swart and Hoeksema “Between Fear and Prosecution”) the decision of the State Council of 1980 is criticized. Judge in other European countries meanwhile hold another point of view which renders more justice to the criterion “fear of prosecution”.

 

For this Memorandum some fina1 remarks have to be made, which in this controversy can be important for your Court to know. Obviously, the Crown is prepared to go to any length in this case. That does not only follow from the unacceptable pressure that was put on the judicature in the earlier ruling, the special chartered plane that was ready for take-off on May 22 of this year for Mitric’ expulsion, the total isolation of Mitric in prison preceding  his sentence (guarded by a special group of armed guards), etc; it also follows from the wil1ingness to falsely inform the permanent Chamber Commission for Justice in a closed meeting.

The parliamentary undersecretary at that time stated that the Yugoslav authorities had guaranteed that Mitric would not be prosecuted. At that time not a single member of the commission was shown any document. Their opinion was based on the words of the parliamentary undersecretary and she did not speak the truth.

From reliable sources, it is known that the Crown has already been aware for a long time that Mitric is awaiting a terrible fate. Nevertheless, the Crown attempts to expel Mitric to Yugoslavia, no matter the price. And it is active in giving extremely negative information about Mitric to countries that show any willingness to offer him a place to stay.

An official of the Dutch Embassy in the United Stated has recently contacted Senator Crane’s wife and advised her to stop all efforts to save Mitric, since he is a terrorist, a murderer and a rapist. This is in violent contrast to what the Crown stated during the trial. It appears as though the Crown absolutely wants to expel Mitric to Yugoslavia and to get rid of him permanently. The question is whether Mitric, because of his former contacts with the [Dutch] National Security Service and the C.R.I. [Dutch F.B.I.] knows too much or whether other interests are involved.

 

With the conclusion:

 

To confirm the verdict of the President of Court in The Hague dated May 22, 1986.

 

Amsterdam/The Hague, June 26, 1986.

 

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