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.

1. 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.

2. Markica REBIC. Markica REBIC is the former head of the Security Information Service ("SIS") for the Republic of Croatia.

   CHARGE
   CONTEMPT OF THE TRIBUNAL

3. 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.

4. On 19 December 1997, the protected witness testified in the BLASKIC case in closed session.

5. 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.

6. 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.

7. 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.

8. 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."

9. 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:

   1. the identity of the protected witness;

   2. the statement of the witness; and

   3. the fact that the witness had testified in non-public proceedings before the Tribunal.

10. By their acts and omissions, Ivica MARIJACIC and Markica REBIC committed

_______________________
Carla Del Ponte
Prosecutor

Dated this 25 January 2005
The Hague
The Netherlands