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The Hague, 7 June 2005
CT/MOW/PA228e
Initial appearance of Ivica Marijačić, Markica Rebić,
Stjepan Seselj and Domagoj Margetić scheduled for 14 June 2005
Please be advised that on Tuesday, 14 June 2005, the initial appearance of Ivica Marijačic and Markica Rebić will be held at 10.00 a.m. in Courtroom I and the initial appearance of Stjepan [eselj and Domagoj Margetić will be held at 2.15 p.m. in Courtroom III.
Background
Ivica Marijačic and Markica Rebić
At the time relevant to the indictment, Ivica Marijačic was a journalist and editor-in-chief of the Zagreb-based weekly publication Hrvatski List and Markica Rebić 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 Blaskić case ordered the Prosecution in closed session to disclose a redacted copy of the statement to the Defence. The protected witness testified in the Blaskić 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 Marijačic and the article includes an interview with Markica Rebić.”
The article revealed that Markica Rebić provided Ivica Marijačic 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.
Stjepan Šešelj and Domagoj Margetić
At the time relevant to the indictment, Stjepan Šešelj was the publisher of the Zagreb-based weekly publication Hrvatsko Slovo and Domagoj Margetić 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 Blaskić (‘Blaskić 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 Šešelj and Domagoj Margetić 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 Slovodo., Stjepan Šešelj and Domagoj Margetić”.
On 3 December 2004, after receiving the Cease and Desist Order, Stjepan Šešelj corresponded that he would comply with the Order.
On 4 December 2004, Domagoj Margetić 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 Margetić 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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International Criminal Tribunal for the former Yugoslavia
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