Translation of a Letter by Slobodan Mitric’s lawyer Mr. Sarolea to the Court in The Hague
on the On-going Procedure to Lift Mitric’s Illegal Alien Status in The Netherlands
The Court in The Hague
Administration Alien Affairs
P.O. Box 75399
1070 AJ Amsterdam
Amsterdam, January 4, 2008
Concerns: Reaction on the Requested Restriction on Examination Documents
Your ref.: 07/255 ONGEWN AV G174
Dear Sir/ Madam,
With reference to your letter dated December 7, 2007 and the letter of the [Dutch] Ministry of Foreign Affairs dated December 19, 2007 the reaction is as follows:
In the name of the plaintiff S. Mitric I hereby let you know that he is of the opinion that in this matter the requested restriction in examining the underlying documents and the requested confidential motivation is not justified.
In the first place, in order to prevent any misunderstanding, it is brought forward that in the eyes of Mitric the question whether the official report is reliable or not, is not relevant for assessing the current appeal, because, for reasons given in the application for appeal dated December 28, 2006, the question whether:
a) after an uninterrupted stay in The Netherlands for more than 34 years,
b) as a result of the unimpaired legal effect of the decision of the civil judge,
c) of which more than 20 years of this stay without any trouble with the law,
d) including in this period also the recognition by the Dutch constitutional state of the marriage between Mitric and Iris de Vries
e) as well as a right to social welfare from the government until the so-called Coupling Law (Koppelingswet) made an end to that
there are any new facts or circumstances that present the state with a possibility to issue a new deportation order, is in all fairness no longer under discussion.
In the event that your court judges this to be otherwise, the decision by Mitric is such that in view of the contents of the material that has been made public, there is every reason to designate the information that has been handed over as extremely deficient. Mitric is particularly distressed by the statement made by an unknown informant in the memorandum of September 29, 1999 that under the since 1986 changed political circumstances (and apparently to put the sentence therein about an assumed lack of interest by the security service for Mitric into perspective) “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.” This slanderous statement shows an improper prejudice in a negative sense towards Mitric, which is unacceptable and seriously detracts from the mandatory objectivity and thereby from the reliability and trustworthiness of the official report as a whole. Here it furthermore becomes clear that the execution of the originally requested investigation turned out to be impossible due to severely damaged relations with the government and that only a few statement were made “in a general sense” – as a result of which it can in no way be claimed that the official report is truly an individual one. Therefore our conclusion is that the requested restriction on the examination must be rejected, or that at least the official report must in fact be completely ignored. Hereby it is important to note that, as was confirmed by the judges in 1968, we are dealing with questions of life and death and that also the State itself in an official report brought out in 1999 saw insufficient grounds for taking judicial action leading to deportation and a lifting of the legal ban issued in 1986. There is now 8 years later therefore no excuse for again bashing Mitric with the same deficient information in order to reject a request [to lift his illegal alien status], with which he is attempting to escape from his very desperate medical and financial situation, in which he found himself after the Coupling Law (Koppelingswet) came into effect, followed by the death of his wife.