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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:

with 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

Marijan KRIZIC (hereinafter "KRIZIC"). At all times relevant to this indictment, KRIZIC was editor-in-chief of Hrvatsko Slovo .

1. On 16 March 1998, a protected witness testified before the Tribunal in the case IT-95-14-A, The Prosecutor v. Tihomir BLASKIC ("the BLASKIC case"). This testimony was conducted in closed session pursuant to oral orders of the Trial Chamber and a written decision of the Trial Chamber that the witness would testify in closed session and using a pseudonym.

2. On 26 November 2004, the Zagreb-based weekly newspaper Hrvatsko Slovo, published by HKZ-Hrvatsko Slovo d.o.o., printed excerpts of the testimony of the witness and revealed his identity. Hrvatsko Slovo indicated that the issue of 26 November 2004 was the first of ten issues which would feature such excerpts.

3. This publication contravened three existing court orders:

   1. The decision of Trial Chamber I on the requests of the Prosecutor of 12 and 14 May 1997 in respect of the protection of witnesses, dated 6 June 1997;

   2. The oral order for closed session issued by the Court on the first day of the protected witnesses’ testimony before the ICTY. References to that order are recorded daily on the transcripts of his four day testimony; and

   3. The order of the Trial Chamber’s Order for the Immediate Cessation of Violations of Protective Measures for Witnesses dated 1 December 2000.

4. From 26 November to 17 December 2004, the publisher of Hrvatsko Slovo was Stjepan SESELJ (hereinafter "SESELJ") and the editor-in-chief was KRIZIC.

5. The 26 November 2004 issue of Hrvatsko Slovo acknowledges that published extracts were taken from transcripts of testimony delivered in non-public proceedings before the Tribunal. The published extracts include an oral order that the testimony be held in closed session.

6. On 1 December 2004, the Prosecutor filed before the Duty Judge an Urgent Motion for an Order for the Immediate Cessation of Violations of Protective Measures. In her Motion, the Prosecutor requested the Duty Judge to issue an Order against HKZ-Hrvatsko Slovo d.o.o., SESELJ and Domagoj MARGETIC (hereinafter "MARGETIC") (erroneously believing that he was still the editor-in-chief) to cease publication and to desist from further publication of statements or testimonies of the witness concerned, or of any protected witness.

7. On 2 December 2004, the Duty Judge granted the Prosecutor’s Motion and ordered HKZ-Hrvatsko Slovo d.o.o. and all its employees, SESELJ and MARGETIC to cease publication in Hrvatsko Slovo and in any other publications, and to desist from the further publication of statements or testimonies of the witness concerned, or of any protected witness ("Cease and Desist Order"). The Republic of Croatia was directed to serve the Cease and Desist Order on HKZ-Hrvatsko Slovo d.o.o., SESELJ and MARGETIC.

8. On 3 December 2004, Hrvatsko Slovo again published excerpts of the closed-session testimony of the protected witness.

9. On 3 December 2004, upon receipt of the Cease and Desist Order, Stjepan SESELJ dispatched a letter to the Ministry of Justice, Department of Cooperation with International Criminal Courts, indicating that Hrvatsko Slovo would comply with the Cease and Desist Order.

10. In its 10 December 2004 edition, Hrvatsko Slovo published the Cease and Desist Order, side-by-side with an article identifying the protected witness again in direct violation of the (adjacently printed) court order.

11. In its 17 December 2004 edition, Hrvatsko Slovo again published an article identifying the protected witness again in direct violation of the court order.

12. KRIZIC knowingly and wilfully interfered with the administration of justice by disclosing:

    1. the identity of a protected witness;

    2. the extracts of closed-session testimony; and

    3. the fact that the protected witness had testified in non-public proceedings before the Tribunal.

13. By these acts and omissions, KRIZIC committed or otherwise aided and abetted in the commission of:

Respectfully submitted this 29^th day of August, 2005.

_______________________
Carla Del Ponte
Prosecutor

The Hague
The Netherlands

Source:
http://www.un.org/icty/blaskic/trialc1/decisions-e/61002ND113279.htm