by Brian Gallagher
30.09.05
The International Criminal Tribunal for the Former Yugoslavia (ICTY) has indicted
a number of Croatian journalists for revealing the identity and testimony
in 2004 of a protected witness of the ICTY. They face prison or a fine. However,
the identity and testimony of this witness has been made public plenty of
times previously not only by journalists but by the witness himself - and
the ICTY. The journalists indicted, however, are critics of the ICTY. Journalists
who are less critical of the ICTY have not been indicted for revealing the
identity of the witness. Clearly, this is the real reason for the indictment
- to silence them and intimidate others.
The ICTY has had, for eight years now, the identity of the witness on it’s
website. His identity was revealed before he had made his testimony at the
ICTY in relation to the case of General Tihomir Blaskic. At this stage, as
the document states, the witness was not entitled to protection - the decision
to protect him came later. Nonetheless, the ICTY has had this document public
- and thus revealing his identity to the world - for eight years on their
website.
The document can be seen at the ICTY website here
The protected witness himself has stated publicly that he was the witness. In fact, he has given interviews to the Croatian press on the matter, including the 28.11.00 edition of Vjesnik, as seen here
He also stated it on Croatian Television and the Bosnian newspaper Dani. Nobody
from those outlets have received a cease and desist order let alone been indicted.
Indeed, the witness has said he was the protected witness on his official
website. See it here
The London based Institute of War and Peace Reporting, in its report of June
2003, named the witness and the nature of his testimony. Despite revealing
the identity of the witness itself, the piece is critical of Croatian journalists
who had done so. IWPR is sympathetic to the ICTY and is part funded by the
UK foreign office. You can see the article on the IWPR website here
The latest IWPR report on the indicted journalists somehow fails to mention
that they themselves revealed the identity of the witness in 2003. See it
here
No action appears to have been taken by the ICTY against IWPR. The IWPR report
was also posted on the JUSTWATCH website by Andras Riedlemyer, who has previously
appeared in trials as an expert witness for the Prosecution - who have made
the indictments against the journalists - at the ICTY. You can see it here
Similarly, no action has been taken against JUSTWATCH.
There are other instances of the media publishing the identity of the witness
- it is common knowledge amongst the entire Croatian public as to who it is.
Reporters Without Borders, an organisation set up to protect journalists,
in a concerned letter dated 4 August, points out previous instances of the
identity of the witness being previously revealed. They mention the Serbian
Veritas organisation. Veritas works with the ICTY prosecutors to help them
prosecute Croat suspects. Veritas has received a letter of endorsement by
the ICTY prosecutor. See it here
A copy of the letter by Reporters Without Borders can be seen here
The identity of the protected witness is on the ICTY website, has been publicly admitted by the witness himself on a number of occasions and has been revealed numerous times in the media prior to the indicted journalist having done so.
The difference between those who have been indicted for revealing the identity
of the witness and those that have not is obvious: Those indicted are severe
critics of the ICTY and have no links with them. The latest indictment includes
charges against one Croatian journalist for publishing details in 2000. Why
has he been charged almost 5 years later? No doubt this is an attempt to cover
the criticism that has arisen over the fact that the witness identity has
already been made public prior to 2004, which the other journalists are charged
with. It does not explain why all other journalists who have revealed the
identity of the witness - indeed arguably including the witness himself -
have not been indicted.
It is clear that the ICTY Chief Prosecutor Carla Del Ponte is grossly abusing
her power for the purely political purpose of silencing her critics - who
are from a small country with little power.
The indictments represent a very serious attack on freedom of speech. The
law should apply to all; if Croatian journalists who have criticised Del Ponte
are to be indicted for what they have done, then so should all the others
who have revealed the identity of the witness prior to the dates most of the
journalists indicted revealed it. They should not receive silent immunity
simply because they have links with the ICTY or have not criticised the ICTY.
Preferably the ICTY should drop all the indictments. This article has not
directly revealed the identity of the witness. By doing this, more respect
is shown towards the ICTY’s decisions than that of the Prosecutors -
who appear to be content court decisions are ignored by people who are not
their strongest critics.
If you are concerned over this issue, then contact your political representatives
or your local media and media protection organisations. Ask them to look into
this. If you do, then tell Domogoj Margetic what you have done and send him
copies of correspondence. He is one of the journalists indicted and you can
contact him at: domagoj_margetic@yahoo.com
Links, articles and resources:
A huge amount of evidence in favour of the indicted journalists, including
the links above, can be found at Mario Profaca’s famous intelligence
Cyberspace Station website at www.mprofaca.cro.net/haag_novinari.html.
This webpage is essential reading on this matter.
Domogoj Margetic, one of the indicted journalists, has his website at www.domagojmargetic.com
Related Articles:
Bolton
and Brussels have grown tired of Del Ponte’s antics - Hrvatski List,
September 15 2005, by Jeffrey T. Kuhner
Freedom
of Expression - Croatian Style By Jerry Blaskovich, MD 9/5/05
ICTY
indicts Journalists European Foundation Intelligence Digest Issue 215
May 2005
The
State Department’s War Against Croatia by Jeffrey T. Kuhner
The indictments:
IVICA
MARIJACIC, MARKICA REBIC
STJEPAN
SESELJ, DOMAGOJ MARGETIC
© Brian Gallagher