Two Indictments for Contempt of the Tribunal Confirmed and Released to the Public

Press Release . Communiqué de presse
(Exclusively for the use of the media. Not an official document)

CHAMBERS

CHAMBRES

The Hague, 27 April 2005
CT/MOW/967e

TWO INDICTMENTS FOR CONTEMPT OF THE TRIBUNAL CONFIRMED AND RELEASED TO THE PUBLIC

Yesterday, 26 April 2005, Judge Orie issued two Decisions confirming and unsealing an indictment against Ivica Marijacic and Markica Rebic, and an indictment against Stjepan Seselj and Domagoj Margetic for contempt of the Tribunal, pursuant to Rule 77 of the Tribunal’s Rules of Procedure and Evidence.

Ivica Marijacic and Markica Rebic

Ivica Marijacic and Markica Rebic are both charged with:

one count of contempt of the Tribunal, punishable under the Tribunal’s inherent power and rule 77 (A) (ii) of the Rules of Procedure and Evidence of the Tribunal.

At the time relevant to the indictment, Ivica Marijacic was a journalist and editor-in-chief of the Zagreb-based weekly publication Hrvatski List and Markica Rebic was the former head of the Security Information Service ("SIS") for the Republic of Croatia.

According to the indictment, a protected witness gave OTP investigators a statement on 2 August 1997 and on 12 December 1997 the Trial Chamber in the Blaskic case ordered the Prosecution in closed session to disclose a redacted copy of the statement to the Defence. The protected witness testified in the Blaskic case in closed session on 19 December 1997.

The indictment alleges that "on 18 November 2004, the newspaper Hrvatski List published an article, the title of which was "World Exclusive - The First in the World to Publish THE SECRET DOCUMENT which Shows Carla del Ponte’s Plot Against Croatia." The author of the article is identified as Ivica Marijacic and the article includes an interview with Markica Rebic."

The article revealed that Markica Rebic provided Ivica Marijacic with the identity of the protected witness, copies of the statement the witness gave to the OTP, and the transcript of the testimony the witness gave before the Trial Chamber in the closed session of the court proceedings.

The indictment also alleges the following:

"The article reveals that both Ivica Marijacic and Markica Rebic were aware that disclosure of the identity of the protected witness and that disclosure of his protected testimony were in knowing violation of orders of the Trial Chamber."

"In the same issue of Hrvatski List, an interview with Markica Rebic was published in which Markica Rebic stated that he had provided statements of the protected witness to the editorial office of Hrvatski List and that he was aware that: a) those documents were protected; and b) of the "possible consequences of making them public."

Stjepan Seselj and Domagoj Margetic

Stjepan Seselj is charged with:

one count of contempt of the Tribunal, punishable under the Tribunal’s inherent power and rule 77 (A) (ii) of the Rules of Procedure and Evidence of the Tribunal.

Domagoj Margetic is charged with:

two counts of Contempt of the Tribunal, punishable under the Tribunal’s inherent power and rule 77 (A) (ii) of the Rules of Procedure and Evidence of the Tribunal,

At the time relevant to the indictment, Stjepan Seselj was the publisher of the Zagreb-based weekly publication Hrvatsko Slovo and Domagoj Margetic was the editor of Hrvatsko Slovo or editor-in-chief of Novo Hrvatsko Slovo.

The indictment alleges the following:

"On 16 March 1998, a protected witness testified before the Tribunal in the case IT-95-14-A, The Prosecutor v. Tihomir Blaskic (‘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.

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."

According to the indictment, 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" and that "On 2 December 2004, Hrvatsko Slovo again published exceprts of the closed-session testimony of the protected witness."

On 1 December 2004, the Prosecutor filed an Urgent Motion for an Order for the Immediate Cessation of Violations of Protective Measures requesting that an order be issued against HKZ-Hrvatsko Slovo d.o.o., "to cease publication and desist from further publication of statements or testimonies of the witness concerned, or of any protected witness."

The indictment alleges the following

"On 2 December 2004, the Duty Judge granted the Prosecutor’s Motion and ordered HKZ-Hrvatsko Slovo do.o and all its employees, Stjepan Seselj and Domagoj 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 do., Stjepan Seselj and Domagoj Margetic".

On 3 December 2004, after receiving the Cease and Desist Order, Stjepan Seselj corresponded that he would comply with the Order.

On 4 December 2004, Domagoj Margetic now representing himself as editor-in-chief of Novo Hrvatsko Slovo, dispatched a letter to the President of the Tribunal stating the following:

"That he had received information on the Tribunal’s order for him to stop publishing the testimony of the protected witness;
That he did not recognize the Tribunal or its orders;
That he would not obey the order; and
That he would publish a special edition of Novo Hrvatsko Slovo on Wednesday, 8 December 2004 containing in its entirety the testimony given in closed session by the protected witness before the Tribunal."

The indictment alleges that on 10 December 2004, Domagoj Margetic published further excerpts of the closed-session testimony in Novo Hrvatsko Slovo, and was therefore charged with a second count of contempt of the Tribunal.

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Hard copies of the indictments can be obtained from the Media Office. Proceedings can also be followed on the Tribunal’s website at www.un.org/icty.