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THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER
YUGOSLAVIA
Case No. IT-95-14 & 14/2- R77
THE PROSECUTOR OF THE TRIBUNAL
AGAINST
JOSIP JOVIC
INDICTMENT
The Prosecutor of the International Criminal Tribunal for the former
Yugoslavia ("the Tribunal"), pursuant to her authority under Article 18 of the
Statute of the Tribunal and Rule 77 of the Rules of Procedure and Evidence of
the Tribunal, charges:
JOSIP JOVIC
with CONTEMPT OF THE TRIBUNAL
THE ACCUSED
Josip JOVIC (hereinafter "JOVIC"). JOVIC was
Editor-in-Chief of Slobodna Dalmacija (daily newspaper in Split, Croatia)
at all times relevant to this indictment.
CHARGES
COUNT 1
CONTEMPT OF THE TRIBUNAL
- On 19 April 1997, the Office of the Prosecutor ("OTP") took the statement
of a sensitive witness ("the WITNESS") for the case, The Prosecutor v.
Tihomir BLASKIC, IT-95-14-A ("the BLASKIC case").
- On 6 June 1997, the Trial Chamber ordered protective measures for the
WITNESS. The OTP had requested the measures after the statement was leaked to
and published by Croatian newspapers. The Trial Chamber ordered that, as of
the date of the order, "the accused, his counsels and their representatives
not disclose to the public or to the media the name of the witnesses residing
in the territory of the former Yugoslavia or any information which would
permit them to be identified, unless absolutely necessary for the preparation
of the defence".
- From 16 to 19 March 1998, the WITNESS testified at the Tribunal. It was in
closed session, as ordered by the Trial Chamber after having heard the parties
on the issue on 16 March 1998.
- From 27 to 30 November 2000, Slobodna Dalmacija published excerpts
of the WITNESS’ statement of 19 April 1997. On the 27 and the 28 November
2000, the newspaper expressly stated that the WITNESS testified from 16 to 19
March 1998.
- On 01 December 2000, the OTP filed a "Notice of Breach of Security in
Respect of Private Session Hearings" seeking an order against Slobodna
Dalmacija and Globus (a Croatian weekly) to cease and desist
publishing confidential statements.
- The same day, 01 December 2000, the Trial Chamber granted the OTP’s motion
and ordered "the Immediate Cessation of Violations of Protective Measures for
Witnesses." It ordered that the publication of statements and testimonies of
any protected witnesses should cease immediately and stated that publication
could expose its publishers to contempt charges. The Chamber also asked the
Registrar to serve the decision on Globus and Slobodna Dalmacija
by facsimile.
- Between 01 December 2000 and 03 December 2000, the Order was served on
Globus and Slobodna Dalmacija. Slobodna Dalmacija printed
the order in its Sunday, 3 December 2000 issue (article headline: "Haaski sud
Slobodnoj zabranio daljnje objavljivanje Mesiceva svjedocenja"). In an
accompanying editorial ("Agresija na pravnu drzavu!"), it stated that the
order was arrogant and constituted meddling in the sovereignty of Croatia and
aggression against the legal state.
- On 03 December 2000, Slobodna Dalmacija published an article
("Tuzitelj: Za svjedoka optuzbe trazim zatvorenu sjednicu jer mu prijete")
containing excerpts of closed session transcripts of the WITNESS’ testimony in
the BLASKIC trial, in violation of the 01 December 2000 order.
- On 04 December 2000, Slobodna Dalmacija published an editorial
("Slobodnoj Dalmaciji stize haaska tuzba") in which JOVIC says that the
order is shocking and would decide whether to continue to publish the
transcripts after studying all the legal aspects of the ban.
- On 06 December 2000, Slobodna Dalmacija published ("Branitelj
Hayman: Mesic ce lagati medijima kako nema veze s procesom Blaskicu") closed
session transcripts from the BLASKIC trial, March 16, 1998. In another
article ("Sest razloga zasto Slobodna objavljuje Mesicevo svjedocenje"),
JOVIC stated that the newspaper would continue publishing the closed
session transcripts despite the 01 December 2000 order. JOVIC listed
six reasons why he published the transcripts.
- On 07 December 2000, Slobodna Dalmacija published ("Tudman mi je
naredio da smijenim Stjepana Kljuica!") closed session transcripts from the
BLASKIC trial, 17 March 1998.
- From 08 December to 24 December and from 27 December to 29 December 2000,
Slobodna Dalmacija continued to publish articles on a daily basis,
containing excerpts of closed session transcripts of the WITNESS’ testimony in
the BLASKIC trial, despite the Court Order issued on 01 December 2000.
- As Editor-in-chief of Slobodna Dalmacija from 27 November 2000 to
29 December 2000, JOVIC knowingly and wilfully interfered with the
administration of justice by publishing the identity of a protected ICTY
witness, by publishing the fact that the witness testified in closed session
at the Tribunal, and by publishing excerpts of that testimony, in whole or in
part, and by directly violating the 01 December 2000 court order.
- By these acts and omissions, JOVIC committed or otherwise aided and
abetted in the commission of:
Count 1: Contempt of the Tribunal, punishable under the Tribunal’s
inherent power, Rule 77(A), Rule 77(A)(ii) and Rule 77(A)(iv) of the Rules of
Procedure and Evidence of the Tribunal.
Respectfully submitted this 29th day of August, 2005
_______________________
Carla Del Ponte
Prosecutor
The Hague
The Netherlands
Source:
http://www.un.org/icty/blaskic/trialc1/decisions-e/61002ND113279.htm