THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER
Case No. IT-05-__-___
THE PROSECUTOR OF THE TRIBUNAL
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.
- Ivica MARIJACIC. At the time of the offences alleged in this indictment,
Ivica MARIJACIC was a journalist and editor-in-chief of the Zagreb-based
weekly publication Hrvatski List.
- Markica REBIC. Markica REBIC is the former head of the Security
Information Service ("SIS") for the Republic of Croatia.
CONTEMPT OF THE TRIBUNAL
- A protected witness gave a statement to the OTP investigators on 02 August
1997. On 12 December 1997, the Trial Chamber in the Prosecutor v. Tihomir
BLASKIC (the BLASKIC case), sitting in closed session, ordered the
Prosecution to disclose to the Defence a redacted copy of the statement of the
protected witness, after it had heard arguments from the Prosecution as to the
sensitivity relating to the protected witness’ statement.
- On 19 December 1997, the protected witness testified in the BLASKIC case
in closed session.
- 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 reveals that Markica REBIC provided Ivica MARIJACIC with the
identity of the protected witness who testified before the Tribunal in the
BLASKIC case and with copies of the statement that the witness made to the
Office of the Prosecutor and with the transcript of testimony the witness gave
before the Trial Chamber in the same proceeding.
- 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
- 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."
- Ivica MARIJACIC and Markica REBIC knowingly and wilfully interfered with
the administration of justice in knowing violation of an order of a Chamber in
three respects by disclosing:
- the identity of the protected witness;
- the statement of the witness; and
- the fact that the witness had testified in non-public proceedings before
- By their acts and omissions, Ivica MARIJACIC and Markica REBIC committed
COUNT 1: Contempt of the Tribunal, punishable under this
Tribunal’s inherent power and Rule 77(A)(ii) of the Rules of Procedure and
Evidence of the Tribunal.
Carla Del Ponte
Dated this 25 January 2005