Amended agreement between the
Government of the Republic of Latvia and the International
Tribunal for the relocation to the territory of the Republic of
Latvia of Witnesses who have appeared or will appear in
proceedings before the International Tribunal, and, where
necessary, their Close Relations
His Excellency
Mr.Rihards Kozlovskis
Minister for the Interior
Republic of Latvia
June 2013
Excellency,
I have the honour to acknowledge receipt of your letter of 10
June 2013, by which the Government of the Republic of Latvia
offers to amend the Agreement between the Government of the
Republic of Latvia and the International Criminal Tribunal for
the former Yugoslavia for the relocation to the territory of the
Republic of Latvia of Witnesses who have appeared or will appear
in proceedings before the International Tribunal, and, where
necessary, their Close Relations (hereafter "Exchange of
Letters").
I have the honour to confirm on behalf of the International
Criminal Tribunal for the former Yugoslavia (hereafter
"International Tribunal") the following amended
understanding:
The Government of the Republic of Latvia (hereafter
"Latvia") agrees, subject to the amended terms of your
letter and this reply (hereafter "Amended Exchange of
Letters"), to accept for Relocation Witnesses, as defined
herein, who have appeared or who will appear before the
International Tribunal and, where necessary, their Close
Relations, each year for the duration of this Amended Exchange of
Letters and to provide such persons with Relocation Services, as
defined herein.
I. For the purposes of this Amended
Exchange of Letters:
(1) "Registrar" is understood to refer to the
Registrar of the International Tribunal pursuant to Article 17 of
the International Tribunal's Statute.
(2) "Relocation" is understood to refer to the
relocation to the territory of Latvia of Witnesses and, where
necessary, their Close Relations.
(3) "Relocation Services" is understood to refer to
the facilities and benefits, described in part III below, to be
provided to Witnesses, and, where necessary, their Close
Relations, who are subject to the provisions of this Amended
Exchange of Letters.
(4) "Witnesses" is understood to refer to persons
who have appeared or who will appear as witnesses in proceedings
before the International Tribunal. This includes but is not
limited to an appearance either in the course of the prosecution
or of the defence of an accused.
(5) "Close Relations" is understood to refer to:
(a) the partner of a Witness;
(b) single dependants of the Witness under 18 years of
age;
(c) disabled dependants of the Witness.
(6) Dependants referred to in paragraph (5) (c) shall only be
accepted by Latvia pursuant to the provisions of this Amended
Exchange of Letters upon Latvia being satisfied that there are
grounds to justify the Relocation of such dependants.
(7) "Relocated Person(s)" refers to those Witnesses
and Close Relations who have been provided with Relocation
Services according to this Amended Exchange of Letters.
II. As to the procedure for
providing Relocation Services to Witnesses and, where necessary,
their Close Relations:
(8) Where the Registrar considers that a Witness requires
Relocation, he/she shall request that Latvia accepts such a
Witness and, where necessary, his/her Close Relations. Such
requests (hereafter "Requests") shall be considered on
an individual basis by Latvia, and may be granted in those cases
in which it is satisfied of the necessity of Relocation for the
Witness and any Close Relations who are subjects of the Request
(hereafter "the Subject(s)").
(9) Requests shall be in writing, and shall be addressed to
Latvia by the Registrar six calendar months or as soon as
possible prior to the expected date of Relocation of the
Subject(s). However, where the Registrar considers that
circumstances require the Subject(s) to be relocated immediately,
the Registrar shall consult Latvia, who will then consider the
Request immediately in accordance with paragraph (8).
(10) (a) Requests shall refer to the Subject(s) by his/her
full personal name. Requests shall be accompanied by full details
of the health, education and, where applicable, the criminal
record of the Subject(s), and any other information which the
Registrar considers relevant. This information will be provided
in the form to be found in Annex 1 to this Amended Exchange of
Letters. The Registrar will provide any further information as
Latvia may request, subject to the Registrar having access to
such information and there being no impediment to communicating
it to Latvia.
(b) When the Registrar considers that in addition to the
Relocation Services provided herein, protective measures are
necessary to ensure the protection of Witnesses and, where
necessary, their Close Relations (hereafter "Protection
Requirement"), the relevant Request shall be accompanied by
a report on the Protection Requirement. This report shall be
provided in the form of Annex 2 to this Amended Exchange of
Letters.
(11) Before answering Requests of the International Tribunal,
Latvia is entitled to send a maximum of two experts qualified in
witness protection matters in order to meet with the Subject(s).
The International Tribunal will cover the costs of travel,
subsistence and accommodation incurred by such meeting, which
will be organized in cooperation with the Protection Officers of
the International Tribunal's Victims and Witnesses Section.
(12) Latvia has a right to refuse to fulfill the Request if it
threatens its sovereignty, national security, public order or
other substantial interests of Latvia or if protective measures
which are provided in Latvia will not be able to guarantee the
Subject(s) safety after the Relocation.
III. As to the nature of the
Relocation Services to be provided to Witnesses and their Close
Relations accepted for Relocation by Latvia pursuant to this
Amended Exchange of Letters (hereafter "the Relocated
Person(s)"):
(13) Where Latvia agrees to a Request, the Registrar shall
arrange for the transfer of the Subject(s) to the territory of
Latvia.
(14) Latvia shall provide to the Relocated Person(s) the
facilities, benefits and entitlements to which persons are
entitled under the definition of "refugees" under
Article 1 of the 1951 Convention on the Status of Refugees, as
amended by the 1967 Protocol thereto.
(15) In addition to the services provided pursuant to
paragraph (14), Latvia shall provide the following facilities and
services to the Relocated Person(s), on the same basis as such
facilities and services are provided to citizens of Latvia:
(a) housing;
(b) education, including skills and language training where
necessary;
(c) health and social services, including specialist medical
care where necessary;
(d) access to opportunities to obtain employment;
(e) documents to enable travel to and from Latvia; and
(f) any other applicable facilities and benefits.
Such services will be provided without prejudice to any rights
which the Relocated Person(s) would be entitled to under the law,
including the refugee and asylum law, of Latvia if he/she had
entered Latvia lawfully and was not subject to the provisions of
this Amended Exchange of Letters.
(16) If, upon receipt of a Request pursuant to paragraphs (8)
and (10) (b), Latvia agrees that a Protection Requirement exists,
the relevant authority shall take whatever measures deemed
necessary to protect the Subject(s), considering the level of
threat. If appropriate, and upon consultation with the Registrar,
the authority shall enter the Subject(s) into the domestic
witness protection program existing at that time, on the same
basis as citizens of Latvia who are entered into that
program.
IV. As to the status of Relocated
Person(s):
(17) Latvia shall grant the Relocated Person(s) residence
permits valid for one year. Six calendar months after the
commencement date of the residence permit, the Registrar shall
assess (hereafter "Assessment") whether Relocation
Services continue to be necessary with respect to that Relocated
Person(s). If the Registrar concludes from the first Assessment
that such services continue to be necessary, Latvia shall extend
the residence permit for a further two year period. Assessments
shall continue to be made by the Registrar on an annual basis. If
after the expiration of that two year period, the Registrar
concludes from the Assessments undertaken to that date that such
services continue to be necessary, a further two year extension
shall be granted.
(18) The Relocated Person(s) may apply for citizenship of
Latvia in accordance with the national legislation of Latvia.
(19) Latvia will immediately notify the Registrar if it is
informed that a Relocated Person(s) has deceased or if his/her
whereabouts are unknown.
V. As to the termination of
Relocation Services:
(20) Notwithstanding any provision of this Amended Exchange of
Letters, unless the International Tribunal and the Relocated
Person(s) express their consent in writing, Latvia shall not
return any Relocated Person(s) to the territory of the former
Socialist Federal Republic of Yugoslavia.
A. Termination where Relocation Services continue to be
necessary:
(21) (a) Where either Party wishes to terminate Relocation
Services for a particular Relocated Person(s), it (hereafter
"Terminating Party") shall inform the other Party of
its intention and consult with the other Party in writing. The
Terminating Party shall then notify, also in writing, the
Relocated Person(s) affected by such a termination (hereafter
"Affected Relocated Person(s)").
(b) In the event that the Relocation Services are terminated
in accordance with paragraph (21) (a), the Registrar shall obtain
the agreement of another State to assume the Relocation Services.
Provision of Relocation Services shall continue until such time
as the Affected Relocated Person(s) has been relocated from
Latvia.
(c) If Latvia wishes to terminate Relocation Services because
i) it threatens its sovereignty, national security, public order
or other substantial interests of Latvia, or ii) the protective
measures which are provided in Latvia will not be able to
guarantee the Affected Relocated Person(s) safety after the
Relocation, the Registrar shall have a period of thirty days to
obtain an agreement of another state to assume Relocation
Services. If the Registrar is unable to conclude such an
agreement within that period, he shall be responsible for the
immediate relocation of the Affected Relocated Person(s) from the
territory of Latvia.
B. Where Relocation Services are no longer necessary:
(22) (a) Where the Registrar concludes that Relocation
Services are no longer required with respect to a Relocated
Person(s), the Registrar shall inform Latvia and the Relocated
Person(s) accordingly in writing.
(b) Latvia shall then have discretion to terminate Relocation
Services six calendar months after the date upon which the
Relocated Person(s) receives such a notification.
(23) The Relocated Person(s) shall thereafter be subject to
the relevant legal provisions under the law of Latvia.
VI. As to the costs related to the
provision of Relocation Services:
(24) The International Tribunal shall bear all costs and
expenses relating to the provision of the Witness' testimony and
appearance before the International Tribunal, including travel to
and from the International Tribunal for this purpose. The
remainder of the costs regarding the Relocated Persons(s) shall
be agreed upon on a case by case basis by the International
Tribunal and the responsible authority of Latvia competent for
the protection of witnesses.
VII. As to the entry into force and
duration of the provisions of this Amended Exchange of
Letters:
(25) (a) This Amended Exchange of Letters shall apply
provisionally on the day following the receipt of the
confirmation of Latvia of the provisions of the Amended Exchange
of Letters. The Amended Exchange of Letters shall enter into
force and shall replace the Exchange of Letters in its entirety
on the day following receipt by the International Tribunal of a
written notification by Latvia that it has completed the internal
procedures necessary for the Amended Exchange of Letters to enter
into force.
(b) Any Relocation Services provided to Witnesses and their
Close Relations accepted for Relocation by Latvia pursuant to the
Exchange of Letters shall be continued under the terms of the
Amended Exchange of Letters.
(c) This Amended Exchange of Letters shall remain in force
until it is terminated by either Party providing the other Party
with six months notice of termination in writing. Such
termination shall be carried out without prejudice to the status
of any Relocated Person(s) relocated in Latvia at the time of
termination, including Affected Relocated Person(s).
VIII. As to the resolution of
disputes:
(26) Any dispute, controversy, or claim arising out of, or
relating to, this Amended Exchange of Letters shall be settled by
negotiation or by a mutually agreed mode of settlement.
IX. As to the representatives of the
Parties:
(27) The Registrar, or his/her authorised designate, shall
represent the International Tribunal in all matters relating to
this Amended Exchange of Letters.
(28) The Ministry of the Interior shall represent Latvia in
all matters relating to this Amended Exchange of Letters.
I have the honour to acknowledge that the above is also the
understanding of the International Tribunal.
Please accept, Excellency, the assurances of my highest
consideration.
_____________________________________________
John Hocking Registrar
Annex 1
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DETAILS OF
SUBJECT
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Witness 
Spouse
Dependent
Other
If not
Witness, name of Witness:
[ ]
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A. Physical Details |
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(a) Name (names), family name: |
[ ]
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(b) Date of Birth: |
[ ]
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(c) Place of Birth (City and Country): |
[ ]
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-----------------------
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(d) Sex: |
Male
Female
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[ PHOTOGRAPH ]
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--------------------------
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(e) Citizenship(s): |
[ ]
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Passports: |
[ ]
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Ethnicity: |
[ ]
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Residence Permit(s) in Countries other than Country of
Citizenship, if Yes, |
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Details: |
[ ]
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Present Place of Residence: |
[ ]
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(f) Language(s) Spoken: |
[ ]
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(g) Physical Characteristics: |
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(i) Height (cm): |
[ ]
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(ii) Weight (kg): |
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(iii) Hair Colour: |
[ ]
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(iv) Eye Colour: |
[ ]
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(v) Distinguishing Scars or Birthmarks: |
[ ]
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(h) Physical or mental Handicaps (details): |
[ ]
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B. Personal Information |
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(a) Marital Status: |
Married |
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Never married |
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Separated |
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Divorced |
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Widowed |
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Date of latest change of marital status: |
[ ]
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(b) Education and Professional background: |
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(c) Religious affiliation: |
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(d) Name of Spouse: |
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(e) Name (names), family name of: |
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Children under the age of 18 years: |
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Non-custodial Children: |
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-Name (names), family name: |
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-Address(es) |
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-Guardian |
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Depandants: |
[ ]
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(f) Which of the persons listed in (d) and (e), if any, are
subject to Relocation: |
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[ ]
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C. Legal Obligations and Financial Record |
(a) Civil proceedings instituted against Person:
If yes, Details: |
Yes No
[ ]
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(b) Civil obligations of person: |
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(i) Mortgages or Pledges of which the person is a
principal: |
If yes, Details: |
Yes No
[ ]
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(ii) Guarantees etc.:
If yes, Details: |
Yes No
[ ]
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(iii) Maintenance Obligations:
If yes, Details: |
Yes No
[ ]
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(iv) Tax Liabilities Outstanding:
If yes, Details: |
Yes No
[ ]
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(v) Trusts of which the Person is a trustee or manager: |
If yes, Details: |
Yes No
[ ]
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(vi) Other Civil obligations:
If yes, Details: |
Yes No
[ ]
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(c) Financial Information: |
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(i) Real and Personal Property:
If yes, Details: |
Yes No
[ ]
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(ii) Bank accounts etc.:
If yes, Details: |
Yes No
[ ]
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(iii) Debts owed to Person:
If yes, Details: |
Yes No
[ ]
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(iv) Securities and other bills of exchange, promissory
notes, bonds and superannuation and life policy entitlements
of the Person: |
If yes, Details: |
Yes No
[ ]
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(v) Moneys receivable from any governmental or other public
authority at this time or in the reasonably foreseeable
future: |
If yes, Details: |
Yes No
[ ]
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(vi) Maintenance entitlements:
If yes, Details: |
Yes No
[ ]
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D. Criminal and Arrest Records |
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Prior arrest or criminal record or criminal charges
outstanding: |
If yes, Details: |
Yes No
[ ]
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E. Tribunal Proceedings |
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Detail testimony given or to be given: |
[ ]
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(a) Details of any accused, including information concerning
indictment: |
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[ ]
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(b) Are there any other sources of such evidence: |
[ ]
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(c) Relative importance of testimony: |
[ ]
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F. Relocation Assessment |
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(a) Factors supporting the provision of Relocation
Services: |
[ ]
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(b) Risk and/or Threat Assessment (as they pertain to
Relocation): |
[ ]
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(i) Photographs or a description of persons posing danger if
possible: |
[ ]
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(ii) Criminal record and reputation of persons posing danger
if available: |
[ ]
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G. Other Material Facts
[ ]
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Annex 2
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PROTECTION
ASSESSMENT
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Witness
Spouse
Dependent
Other
If not
Witness, name of Witness:
[ ]
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A. Personal Details |
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(a) Name (names), family name: |
[ ]
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-----------------------
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(b) Sex: |
Male
Female
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[ PHOTOGRAPH ]
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--------------------------
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B. Details of Protection Requirement |
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Report on the existence of a Protection Requirement: |
[ ]
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