Subject: Re: What was the Kamp van Zeist?
Date: May 18, 2001 @ 11:21
Author: Peter Smaardijk ("Peter Smaardijk" <smaardijk@...>)
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This is the translation [between square brackets: my comments]:

Ministry of Justice Fact Sheet
April 4, 1999

The Lockerbie court case

To get out of a deadlock in a case that was already ten years
dragging on, the governments of the United States and the United
Kingdom have asked the Netherlands that if it may come to a lawsuit
against the two Libyan accused of the bomb attack in 1988 on Panam
flight 103 above the Scottish town of Lockerbie, before a Scottish
court, it could take place in the Netherlands. Both countries have
made this remarkable request in order for justice to be done at last.
Until then, Libya didn't want to comply with the United Nations
Security Council Resolutions, that order the trial to be held in the
USA or the UK.

The Netherlands government has considered the request carefully, and
reacted positively on August 24, 1998. It was guided in this decision
by the consideration that international peace and security were
served by the settlement of this court case and the bringing to trial
of the two accused. It also contributes to the fight against
international terrorism. The government was also aware of the fact
that the request made by both countries was directed at the country
that gives hospitality to the International Court of Justice, the
Yugoslavia Tribunal, and in due course also to the International
Penal Court. Another consideration was the fact that the contribution
of our country was of a facilitative nature.

Finally, the government has paid much attention to the security
risks. These were considered to be not so big that they would stand
in the way of complying with the request.

Juridical basis

First and foremost, the Netherlands are only co-operating in a
facilitating way, in the sense that our country gives at the disposal
of the UK a location, in which a Scottish Court, according to
Scottish law, can try the two accused.

On August 27, 1998, the United Nations Security Council adopted
Resolution no. 1192, in which our country and the UK are asked to
make possible the trial of the two accused by a Scottish Court in the
Netherlands.

On September 18, 1998, the Netherlands and the UK concluded a "Seat
agreement", in which the conditions for the session of the Scottish
Court are laid down, and in which the immunity of the location is
laid down. On that same day, the Cabinet of Ministers agreed with a
bill that takes care of the exclusive jurisdiction of the Scottish
Court considering the trying of the two Libyan accused. Netherlands
law will not be applied in this case, and the measures regarding
restraint of liberty taken by the Scottish Court will not be tested
by a Dutch judge. The bill has been made into a law through
acceptance by both Chambers of parliament and went into force on
November 14, 1998 (Staatsblad 628).

The location

In close consultations with the UK and the US, several locations were
considered, and a choice was eventually made for a part of "Kamp
Zeist". The basis for this choice was, amongst other things, its
remote location from a built-up area, a number of buildings on the
terrain can be made with little alterations into a suitable location
to house the Court, to keep the accused in custody, and to house all
those people that are involved in the upcoming court trial.

To the part of "Kamp Zeist" under consideration, immunity rights will
be given, which means that the Netherlands cannot exercise its
juridical power there without the permission of the Scottish
authorities. The area will then have the same status as, for example,
an embassy.

Who will stay there?

Part of the buildings will be adjusted to house the Court and keep
its sessions there; a court room with space for the Court, the
Prosecution, the defence, witnesses that may be called, the press,
and members of the public that are allowed in. Also provisions for
translators and security officers [this sentence is not correct in
Dutch either]. Expected is that several hundreds of people will work
at the location every day.

Other buildings will be made suitable for housing the administrative
support of the Court and the Prosecution, and also the necessary
security personnel. For all those that have to stay in the area,
recreational, catering, and sport facilities will be made available.

Who is paying?

In the "Seat agreement" it is secured that all costs covering the
preparation and exploitation of the location will be paid by the UK.

Security

Responsibility for the internal security of the area made available
to the United Kingdom is of Scottish concern. For this purpose, own
military and police personnel will be deployed. They will guard over
peace and order in the area and in the buildings. Only at the request
of the Court clerk, the Netherlands can take action.

For the guarding and security outside the area the Netherlands are
responsible, i.e. the local triangle [=the mayor, the police
commander, and the local public prosecutor]. The same also applies to
the Military Aviation Museum located next to the area. Because the
surroundings concerned are largely administered by the Ministry of
Defence, close contact will be held over extra security measures,
should it come to that, and over the division of responsibilities in
this case between the regional police force and the Royal
Marechaussee [=military police].

During the construction works, the minister of Justice will be
responsible for the guarding of the part of the area that has been
made available.

Who has access to the location?

The Scottish authorities decide on who may enter the area. For
assistance in emergency situations (such as fire, medical aid, etc.)
there are provisions made in the "Seat agreement". At the Scottish
Court, the liaison person for all affairs is the Clerk.

The press

In the area a press centre will be arranged, with facilities for the
audio-visual media. It is for the Scottish Court to decide if and to
what extent a session may be filmed.

How long is it going to take?

If it will get to a trial, one has to count with a number of years;
trying will take place in first and second instance.

Who is responsible during the construction works?

The terrain on "Kamp Zeist" that has been fenced off is transferred
by the MoD to the Ministry of Justice. Until the transfer to the
Scottish authorities, the Ministry of Justice is responsible for all
guarding and security tasks.

Last changed May 9, 2000

----

Peter S.

--- In BoundaryPoint@y..., "Peter Smaardijk" <smaardijk@y...> wrote:
> I've found it. I think I will be able to make a little translation
of
> it, so Brendan can read it too (and others).
>
> What I haven't found is your web site, though. Can you give the url?
>
> Peter S.
>
> --- In BoundaryPoint@y..., "Harry ten Veen" <pa8km@a...> wrote:
> > Peter,
> >
> > I have a web page saved on my PC, a fact sheet of Ministerie van
> > Justitie.
> > I would have attached it if my mail was working correctly.
> > (this is typed on the BoundaryPoint website as messages don't
come
> in
> > my mail on the moment).
> >
> > But you might already have seen that fact sheet?
> >
> > This Scottish Court has my interest also; i have a picture and a
> map
> > on my website.
> >
> > groeten en suc6
> > Harry ten Veen