THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Case No. IT-95-14 & 14/2- R77

 

THE PROSECUTOR OF THE TRIBUNAL

AGAINST

JOSIP JOVIC

INDICTMENT

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:

JOSIP JOVIC

with CONTEMPT OF THE TRIBUNAL

THE ACCUSED

Josip JOVIC (hereinafter "JOVIC"). JOVIC was Editor-in-Chief of Slobodna Dalmacija (daily newspaper in Split, Croatia) at all times relevant to this indictment.

CHARGES

COUNT 1
CONTEMPT OF THE TRIBUNAL

  1. On 19 April 1997, the Office of the Prosecutor ("OTP") took the statement of a sensitive witness ("the WITNESS") for the case, The Prosecutor v. Tihomir BLASKIC, IT-95-14-A ("the BLASKIC case").

  2. On 6 June 1997, the Trial Chamber ordered protective measures for the WITNESS. The OTP had requested the measures after the statement was leaked to and published by Croatian newspapers. The Trial Chamber ordered that, as of the date of the order, "the accused, his counsels and their representatives not disclose to the public or to the media the name of the witnesses residing in the territory of the former Yugoslavia or any information which would permit them to be identified, unless absolutely necessary for the preparation of the defence".

  3. From 16 to 19 March 1998, the WITNESS testified at the Tribunal. It was in closed session, as ordered by the Trial Chamber after having heard the parties on the issue on 16 March 1998.

  4. From 27 to 30 November 2000, Slobodna Dalmacija published excerpts of the WITNESSí statement of 19 April 1997. On the 27 and the 28 November 2000, the newspaper expressly stated that the WITNESS testified from 16 to 19 March 1998.

  5. On 01 December 2000, the OTP filed a "Notice of Breach of Security in Respect of Private Session Hearings" seeking an order against Slobodna Dalmacija and Globus (a Croatian weekly) to cease and desist publishing confidential statements.

  6. The same day, 01 December 2000, the Trial Chamber granted the OTPís motion and ordered "the Immediate Cessation of Violations of Protective Measures for Witnesses." It ordered that the publication of statements and testimonies of any protected witnesses should cease immediately and stated that publication could expose its publishers to contempt charges. The Chamber also asked the Registrar to serve the decision on Globus and Slobodna Dalmacija by facsimile.

  7. Between 01 December 2000 and 03 December 2000, the Order was served on Globus and Slobodna Dalmacija. Slobodna Dalmacija printed the order in its Sunday, 3 December 2000 issue (article headline: "Haaski sud Slobodnoj zabranio daljnje objavljivanje Mesiceva svjedocenja"). In an accompanying editorial ("Agresija na pravnu drzavu!"), it stated that the order was arrogant and constituted meddling in the sovereignty of Croatia and aggression against the legal state.

  8. On 03 December 2000, Slobodna Dalmacija published an article ("Tuzitelj: Za svjedoka optuzbe trazim zatvorenu sjednicu jer mu prijete") containing excerpts of closed session transcripts of the WITNESSí testimony in the BLASKIC trial, in violation of the 01 December 2000 order.

  9. On 04 December 2000, Slobodna Dalmacija published an editorial ("Slobodnoj Dalmaciji stize haaska tuzba") in which JOVIC says that the order is shocking and would decide whether to continue to publish the transcripts after studying all the legal aspects of the ban.

  10. On 06 December 2000, Slobodna Dalmacija published ("Branitelj Hayman: Mesic ce lagati medijima kako nema veze s procesom Blaskicu") closed session transcripts from the BLASKIC trial, March 16, 1998. In another article ("Sest razloga zasto Slobodna objavljuje Mesicevo svjedocenje"), JOVIC stated that the newspaper would continue publishing the closed session transcripts despite the 01 December 2000 order. JOVIC listed six reasons why he published the transcripts.

  11. On 07 December 2000, Slobodna Dalmacija published ("Tudman mi je naredio da smijenim Stjepana Kljuica!") closed session transcripts from the BLASKIC trial, 17 March 1998.

  12. From 08 December to 24 December and from 27 December to 29 December 2000, Slobodna Dalmacija continued to publish articles on a daily basis, containing excerpts of closed session transcripts of the WITNESSí testimony in the BLASKIC trial, despite the Court Order issued on 01 December 2000.

  13. As Editor-in-chief of Slobodna Dalmacija from 27 November 2000 to 29 December 2000, JOVIC knowingly and wilfully interfered with the administration of justice by publishing the identity of a protected ICTY witness, by publishing the fact that the witness testified in closed session at the Tribunal, and by publishing excerpts of that testimony, in whole or in part, and by directly violating the 01 December 2000 court order.

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

Count 1: Contempt of the Tribunal, punishable under the Tribunalís inherent power, Rule 77(A), Rule 77(A)(ii) and Rule 77(A)(iv) of the Rules of Procedure and Evidence of the Tribunal.

 

Respectfully submitted this 29th day of August, 2005

_______________________
Carla Del Ponte
Prosecutor

The Hague
The Netherlands