Being the first Croatian journalist ever to appear in front of the Hague Tribunal, Josip Jovic pleaded not guilty to charges for contempt of the Court. The indictment against Jovic was filed on August 29th 2005 for publishing transcripts of the prosecution´s protected witness testimony at the Blaskic trial. (15-OCT-05)
Photo: RTL News
Background
As an Editor-in-Chief of the news daily Slobodna Dalmacija, during 2000 he published excerpts of the protected witness testimony in Blaskic trial, despite the Court rules regulating the status of protected witnesses. Moreover, stands in the indictment, by continuous disclosing of confidential information he refused to obey direct order of the Trial Chamber issued in December 2000 on ?immediate cessation of violations of protective measures for witnesses?. The order was given after some newspapers in Croatia (Slobodna Dalmacija and Globus) decided to publish protected witness testimonies from Blaskic trial. As stands in the indictment, by revealing the identity of a protected ICTY witness and by publishing excerpts form his testimony he knowingly interfered with the administration of justice, therefore committed an act punishable under the Rule 77 of the Rules on Procedures and Evidence of the Hague Tribunal.
According to the same Rule, one may receive a penalty of up to seven years in prison or financial penalty of up to 100 000 euro, or a combination of these penalties for contempt of the Tribunal.
Indictment makes no sense?
The same indictments have also been filed against Stjepan Seselj and Domagoj Margetic (newspapers Hrvatsko slovo) as well as Ivica Marijacic and Markica Rebic (newspapers Hrvatski list) for revealing the identity of protected witnesses and publishing excerpts from their testimonies.These indictments divided Croatian public and have almost caused a great division in the Croatian Journalist Association (HND). Mr. Zarko Puhovski, President of the Croatian Helsinki Committee for Human Rights has defended the accused by publicly stating that the indictments do not make any sense.
– Pursuant to the Constitution of the Tribunal and to the Constitution Act, procedural and legal basis of the indictments is not questionable. However, questionable are crucial elements of the indictment?s content. This case is primarily about publishing the transcripts of the testimonies after the trial has been completed, so it is not clear how it could have affected the outcome of the trial. Furthermore, witnesses whose identity has been revealed are not under any danger that requires special protection. Member of the foreign army force (first witness) is in no jeopardy in Croatia, and the current President of the Republic of Croatia (second witness) is pursuant to the law (as well as in practice) particularly well protected person, so he is in no danger as well. Therefore the provision in question does not make any sense in these specific cases. – said Puhovski.
Puhovski believes that in case of the leak of confidential information those who originally had the information (Hague officials, Croatian authorities, etc.) are the ones that should primarily be responsible.
-Only after them, one could consider the possibility of accusing journalists and editors. Exactly opposite was done in this case, and that is obviously wrong. – he added.
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