Legal Documents in Dutch Asylum Request Slobodan Mitric

 

 

1.     MEMORANDUM

 

From:             DPC/Am,

To:                  [Dutch] Embassy Belgrade

Date:               February 26, 1999

Ref.:                DPC/AM/ Adm. Nr. 639264

Enclosures:     Seven

Concerns:       Projected Expulsion of Slobodan MITRIC

                        Born on March 1, 1948

                        Originally From the Former Socialist Federal Republic of Yugoslavia

                        Justice Number 8710.14.003

 

In connection with the projected expulsion of the above-mentioned alien from The Netherlands within the framework of the undesirability declaration ex paragraph 21 of the Aliens Act, I hereby send you the following documents.

 

1.      Report of the hearing Advisory Committee for Alien Affairs (ACV), dated May 9, 1979;

2.      Ruling of the District Court in The Hague dated May 22 1986, with accompanying press release;

3.      Letter of the  Government prosecutor to the [Dutch] Ministry of Justice concerning the above ruling, dated May 23, 1986

4.      Individual Official Message about the person concerned, dated June 2, 1986;

5.      Report form Interpol Belgrade to the Ministry of Justice, dated June 4, 1986;

6.      Ruling of the Court in The Hague, dated September 12, 1986;

7.      Chronological overview of the time spent by the person concerned in The Netherlands.

 

The person concerned has been in The Netherlands since 1973 – of which a considerable period was spent in criminal detention – and has in this country become known under the alias “Karate Bob”.

 

In 1978 person was declared an alien in the framework of the Aliens Act. Person has several times in vain lodged an appeal against this order. Person has also several times entered a request for admittance as a fugitive, which was rejected in each instance. For a detailed overview of person’s stay in The Netherlands see enclosure 7.

 

Person has always resisted expulsion to his country of origin for fear that on return to the SFRY he would be liquidated due to high treason. According to his own words, he deserted from the Yugoslavian Secret Service after refusing to carry out an order to get rid of a political rival of the then head of state Tito.

 

During a hearing dated May 9, 1979 of the ACV on the case of the person concerned, Prof. Rüter and Dr. Broekmeyer, experts in this case, were heard as witnesses (see encl. 1). Both painted a picture of the situation in Yugoslavia that to a great extent supported the statements made by the person (especially his fear to be liquidated by the authorities on his return to the SFRY).

 

On being asked, the Yugoslavian authorities have communicated on April 29, 1986 that at that time there were no grounds for instituting criminal proceedings against the person that could result in a death sentence (see enc. 5).

 

In a ruling of May 22, 1986 (enc. 2) the district court in The Hague nevertheless forbade the expulsion of the person directly or indirectly to the SFRY. The consideration that person on return would probably not be faced by a formal death sentence, but could perhaps become the victim of a silent execution or an “accident” was hereby the deciding factor.

 

Now the question is whether there are new facts or circumstances that warrant a new order for expulsing the person. I would therefore like to receive your answer to the question, whether there are indications that – since the release of the last official message concerning the person in 1986 – the interest of the authorities from the SFRY resp. Serbia for the person and his eventual expulsion must now be assessed differently.

 

I would like to have your eventual supplementary commentary as soon as possible.

 

Drawn up by:       “1”

 

 

 

2a. TELEPHONE NOTE

 

[Dutch] Ministry of Foreign Affairs

Division: DPC/AM

 

INCOMING/OUTGOING:                             Incoming

DATE:                                                            September 29, 1999

CASE OFFICER:                                            “1”

                                              

 

CONCERNS:                                                  Research into Individual Asylum Case

CASE NR.:                                                     DPC/AM/6392964

NAME PERSON CONCERNED:                   Slobodan MITRIC

SPOKEN WITH:                                            “1”

INSTANCE:                                                   Embassy Belgrade

TEL.:                                                              88039 (Abbreviated)

 

 

CONTENTS CONVERSATION

“1” telephoned with the message that the Embassy was not in a position to handle this case. The relations with the government were too disturbed for that. (N.B. It did not concern a ‘standard investigation’ that could be done by “1” *).

Told him that I would inform the Ministry of Justice accordingly.

 

(Is signed)    “1” 29/9

 

 “1”* = Contact Person

 

 

2b. TELEPHONE NOTE

 

[Dutch] Ministry of Foreign Affairs

Division: DPC/AM

 

INCOMING/OUTGOING:                             Incoming

DATE:                                                            October 11, 1999

CASE OFFICER:                                            “1”

                                              

 

CONCERNS:                                                  Research into Individual Asylum Case

CASE NR.:                                                     DPC/AM/6392964

NAME PERSON CONCERNED:                   Slobodan MITRIC

SPOKEN WITH:                                            “1”

INSTANCE:                                                   IND Hoofddorp

TEL.:                                                              “1”

 

 

CONTENTS CONVERSATION

At my request, I received a return telephone call by the IND-official “1’ who is now handling the MITRIC dossier.

Communicated that the Embassy did not see itself in a position due to the seriously damaged relation with the government to answer the questions specifically relating to the person concerned. Pointed out, however, that it is perhaps possible to let the Embassy find out in a more general sense, if it is true that persons who deserted from the secret service under Tito are liable to criminal prosecution or must fear to become victim of an “accident”.  If the IND finds such questions useful, I would again involve the Embassy.

 

“1” communicates that IND needs such information and asked me to continue the investigations in this modified form.

 

“1”  13/10

 

 

3.     MEMORANDUM

 

From:                          “1”/ Belgrado via CdP/Belgrado

To:                               DPC/AM

Date:                           September 29, 1999

Subject:                       Projected Removal of Slobodan MITRIC (Adm. Nr. 639264)

 

_________________________________________________________________________

 

 

Ref.:                            Telephone Conversation “1”, “1” from September 29, 1999

 

With reference to your memorandum from February 26, 1999 concerning the above-mentioned subject, the following may be of service.

 

The above-mentioned case is at your request not presented to “1” (agent).

 

It may be stated that the political situation since 1986 has changed. The former SFRY has ceased to exist and thereby also the former state services. It seems reasonable to assume that especially the intelligence service has other priorities. At this moment, de intelligence service seems to be more concentrated on the problems in Kosovo and Montenegro. Its interests will also be more focused on the opponents of the present regime. The Tito period is completely out of the picture. Based on this last general viewpoint, it is reasonable to assume that the present intelligence service has no interest in Mitric. Of course, it cannot be excluded that Mitric – in view of his past – can get himself into trouble through his own criminal activities. There is no lack of mafia-like organizations here.

 

I trust hereby to have sufficiently informed you.

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