Radislav Krstić charged with contempt of court

Radislav Krstić, former Commander of the Drina Corps of the Bosnian Serb Army (VRS), has been charged with contempt of the Tribunal for failing to comply with, or to show good cause why he could not comply with, a subpoena in which he was ordered to testify in the case of Radovan Karadžić. His initial appearance will be held on 4 April 2013 at 3:30pm in Courtroom III.

On 23 October 2012, the Chamber issued a Subpoena ordering Krstić to appear and testify in the Karadžić case on 15 January 2013, in response to a Motion to Subpoena issued by the Karadžić Defence. On 7 February 2013 in response to Krstić’s urgent Motion requesting the Chamber to stay the enforcement of the Subpoena on medical grounds, the Chamber ruled that Krstić’s mental and physical health was such that he was able to testify.

Following the witness’s refusal to testify on 7 February 2013, the Chamber ordered a more detailed report on the Witness’s physical and mental health. On 13 March 2013, having reviewed the medical report, the Chamber found that there were no medical reasons which would amount to good cause for the Witness not to comply with the Subpoena.

Following the Witness’s renewed refusal to testify on Monday 25 March, the Chamber yesterday issued an order in lieu of an indictment for contempt.

Rule 77(A) of the Tribunal’s Rules of Procedure and Evidence provides that the Tribunal may hold in contempt those who knowingly and wilfully interfere with its administration of justice, including any person who being a witness before a Chamber persistently refuses or fails to answer a question.

On 19 April 2004, Radislav Krstić was sentenced to 35 years’ imprisonment following his conviction for aiding and abetting the genocide committed at Srebrenica in July 1995.