Darbības ar dokumentu

Excellency,

I have the honour to refer to the discussions held between the United Nations, acting through the International Criminal Tribunal for the Former Yugoslavia (hereafter: "International Tribunal"), and the Government of the Republic of Latvia (hereafter: "Latvia"), concerning arrangements between the International Tribunal and Latvia 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.

I have the honour to confirm on behalf of the International Tribunal the following understanding:

Latvia agrees, subject to the terms of this letter and your reply (hereafter: "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 Exchange of Letters and to provide such persons with Relocation Services, as defined herein.

I. For the purposes of this Exchange of Letters:

(1) "Registrar" is understood to refer to the Registrar of the International Tribunal pursuant to Article 17 of the Tribunal's Statute.

(2) "Relocation" is understood to refer to the relocation to the territory of the Republic 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 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 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 Exchange of Letters.

II. As to the procedure for providing Relocation Services to Witnesses and, where necessary, their close relations:

(7) 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)").

(8) 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 (7).

(9) 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 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.

(10) 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 Exchange of Letters.

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 Exchange of Letters (hereafter: "the Relocated Person(s)"):

(11) Where Latvia agrees to a Request, the Registrar shall arrange for the transfer of the Subject(s) to the territory of the Republic of Latvia.

(12) 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.

(13) In addition to the services provided pursuant to Paragraph (12), Latvia shall provide the following facilities and services to the Relocated Person, on the same basis as such facilities and services are provided to citizens of the Republic 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) any other applicable facilities and benefits;

(f) documents to enable travel to and from the Republic of Latvia.

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 the Republic of Latvia if he/she had entered the Republic of Latvia lawfully and was not subject to the provisions of this Exchange of Letters.

(14) If, upon receipt of a Request pursuant to Paragraph (9), 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 the Republic of Latvia who are entered into that program.

IV. As to the status of Relocated Person(s):

(15) Latvia shall grant Relocated Persons asylum, humanitarian or refugee status. Alternatively, Latvia shall provide the Relocated Person with a resident visa valid for one year. Six calendar months after the commencement date of either asylum/humanitarian/refugee status or the residence visa, the Registrar shall assess (hereafter: "Assessment") whether Relocation Services continue to be necessary with respect to that Relocated Person. If the Registrar concludes from the first Assessment that such services continue to be necessary, Latvia shall extend asylum/ humanitarian/refugee status or the residence visa 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.

(16) Where a Relocated Person has been provided with Relocation Services pursuant to Paragraph (15) for the maximum five year period, at the completion of that five year period, the Relocated Person may apply for citizenship of the Republic of Latvia in accordance with legislation of the Republic of Latvia.

(17) Latvia will immediately notify the Registrar if it is informed that a Relocated Person has deceased or if his/her where-abouts are unknown.

V. As to the termination of Relocation Services:

(18) Notwithstanding any provision of this Exchange of Letters, unless the International Tribunal and the Relocated Person express their consent in writing, Latvia shall not return any Relocated Person to the territory of the former Socialist Federal Republic of Yugoslavia.

A. Termination where Relocation

Services continue to be necessary:

(19) (a) Where either Party wishes to terminate Relocation Services for a particular Relocated Person, 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 affected by such a termination (hereafter: "Affected Relocated Person").

(b) In the event that the Relocation Services are terminated in accordance with paragraph (19) (a), the Registrar shall have a period of thirty days in which to obtain the agreement of another State to assume the responsibilities of Latvia under the provisions of this Exchange of Letters. If the Registrar is unable to conclude such an agreement within that period, Latvia shall be responsible for concluding such an agreement prior to the termination of Relocation Services. This agreement shall be subject to the approval of the Registrar. Provision of Relocation Services shall continue until such time as the Affected Relocated Person has been relocated from the Republic of Latvia.

B. Where Relocation Services

are no longer necessary:

(20) (a) Where the Registrar concludes that Relocation Services are no longer required with respect to a Relocated Person, the Registrar shall inform Latvia and the Relocated Person accordingly in writing.

(b) Latvia shall then have discretion to terminate Relocation Services six calendar months after the date upon which the Relocated Person receives such a notification.

(21) The Relocated Person shall thereafter be subject to the relevant legal provisions under the law of the Republic of Latvia.

VI. As to the costs related to the provision of Relocation Services:

(22) The International Tribunal shall bear all costs and expenses incurred in connection with the travel of the Relocated Person between the Republic of Latvia and the International Tribunal. All the costs and expenses incurred in connection with the provision of Relocation Services pursuant to this Exchange of Letters shall be borne by Latvia.

VII. As to the duration of the provisions of this Exchange of Letters:

(23) (a) The provisions of this Exchange of Letters shall enter into force on the day following the receipt of the confirmation of Latvia of the provisions of this Exchange of Letters.

(b) This 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 the Republic of Latvia at the time of termination, including Affected Relocated Persons.

VIII. As to the resolution of disputes:

(24) Any dispute, controversy, or claim arising out of, or relating to, this Exchange of Letters shall be settled by negotiation or by a mutually agreed mode of settlement.

IX. As to the representatives of the Parties:

(25) The Registrar, or his/her authorised designate, shall represent the International Tribunal in all matters relating to this Exchange of Letters.

(26) The Ministry of the Interior shall represent Latvia in all matters relating to this Exchange of Letters.

I would be grateful if you would confirm that the above is also the view of Latvia.

Please accept, Excellency, the assurances of my highest consideration.

_____________________

Hans Holthuis

Registrar

Atbildes vēstule

Excellency,

I have the honour to acknowledge receipt of your Letter of 29 September 2004, by which the Government of the Republic of Latvia is offered to conclude 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.

I have the honour to acknowledge the present agreement on behalf of the Government of the Republic of Latvia:

Latvia agrees, subject to the terms of your letter and the reply (hereafter: "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 Exchange of Letters and to provide such persons with Relocation Services, as defined herein.

I. For the purposes of this Exchange of Letters:

(1) "Registrar" is understood to refer to the Registrar of the International Tribunal pursuant to Article 17 of the Tribunal's Statute.

(2) "Relocation" is understood to refer to the relocation to the territory of the Republic 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 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 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 Exchange of Letters.

II. As to the procedure for providing Relocation Services to Witnesses and, where necessary, their close relations:

(7) 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)").

(8) 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 (7).

(9) 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 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.

(10) 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 Exchange of Letters.

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 Exchange of Letters (hereafter:

"the Relocated Person(s)"):

(11) Where Latvia agrees to a Request, the Registrar shall arrange for the transfer of the Subject(s) to the territory of the Republic of Latvia.

(12) 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.

(13) In addition to the services provided pursuant to Paragraph (12), Latvia shall provide the following facilities and services to the Relocated Person, on the same basis as such facilities and services are provided to citizens of the Republic 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) any other applicable facilities and benefits;

(f) documents to enable travel to and from the Republic of Latvia.

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 the Republic of Latvia if he/she had entered the Republic of Latvia lawfully and was not subject to the provisions of this Exchange of Letters.

(14) If, upon receipt of a Request pursuant to Paragraph (9), 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 the Republic of Latvia who are entered into that program.

IV. As to the status of Relocated Person(s):

(15) Latvia shall grant Relocated Persons asylum, humanitarian or refugee status. Alternatively, Latvia shall provide the Relocated Person with a resident visa valid for one year. Six calendar months after the commencement date of either asylum/humanitarian/refugee status or the residence visa, the Registrar shall assess (hereafter: "Assessment") whether Relocation Services continue to be necessary with respect to that Relocated Person. If the Registrar concludes from the first Assessment that such services continue to be necessary, Latvia shall extend asylum/ humanitarian/refugee status or the residence visa 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.

(16) Where a Relocated Person has been provided with Relocation Services pursuant to Paragraph (15) for the maximum five year period, at the completion of that five year period, the Relocated Person may apply for citizenship of the Republic of Latvia in accordance with legislation of the Republic of Latvia.

(17) Latvia will immediately notify the Registrar if it is informed that a Relocated Person has deceased or if his/her whereabouts are unknown.

V. As to the termination of Relocation Services:

(18) Notwithstanding any provision of this Exchange of Letters, unless the International Tribunal and the Relocated Person express their consent in writing, Latvia shall not return any Relocated Person to the territory of the former Socialist Federal Republic of Yugoslavia.

A. Termination where Relocation

Services continue to be necessary:

(19) (a) Where either Party wishes to terminate Relocation Services for a particular Relocated Person, 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 affected by such a termination (hereafter: "Affected Relocated Person").

(b) In the event that the Relocation Services are terminated in accordance with paragraph (19) (a), the Registrar shall have a period of thirty days in which to obtain the agreement of another State to assume the responsibilities of Latvia under the provisions of this Exchange of Letters. If the Registrar is unable to conclude such an agreement within that period, Latvia shall be responsible for concluding such an agreement prior to the termination of Relocation Services. This agreement shall be subject to the approval of the Registrar. Provision of Relocation Services shall continue until such time as the Affected Relocated Person has been relocated from the Republic of Latvia.

B. Where Relocation Services

are no longer necessary:

(20) (a) Where the Registrar concludes that Relocation Services are no longer required with respect to a Relocated Person, the Registrar shall inform Latvia and the Relocated Person accordingly in writing.

(b) Latvia shall then have discretion to terminate Relocation Services six calendar months after the date upon which the Relocated Person receives such a notification.

(21) The Relocated Person shall thereafter be subject to the relevant legal provisions under the law of the Republic of Latvia.

VI. As to the costs related to the provision of Relocation Services:

(22) The International Tribunal shall bear all costs and expenses incurred in connection with the travel of the Relocated Person between the Republic of Latvia and the International Tribunal. All the costs and expenses incurred in connection with the provision of Relocation Services pursuant to this Exchange of Letters shall be borne by Latvia.

VII. As to the duration of the provisions of this Exchange of Letters:

(23) (a) The provisions of this Exchange of Letters shall enter into force on the day following the receipt of the confirmation of Latvia of the provisions of this Exchange of Letters.

(b) This 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 the Republic of Latvia at the time of termination, including Affected Relocated Persons.

VIII. As to the resolution of disputes:

(24) Any dispute, controversy, or claim arising out of, or relating to, this Exchange of Letters shall be settled by negotiation or by a mutually agreed mode of settlement.

IX. As to the representatives of the Parties:

(25) The Registrar, or his/her authorised designate, shall represent the International Tribunal in all matters relating to this Exchange of Letters.

(26) The Ministry of the Interior shall represent Latvia in all matters relating to this Exchange of Letters.

I have the honour to acknowledge that the above is also the view of the Government of the Republic of Latvia.

_________________

Ēriks Jēkabsons

the Minister of the Interior