Amnesty International

November 2, 2005

Amnesty International – Zagreb, Croatia
admin@amnesty.hr

Amnesty International – London Headquarters
press@amnesty.org.uk

Dear Amnesty International Officials:

The Croatian Worldwide Association strongly condemns the recent action, or rather inaction, of the Zagreb County Court pertaining to Domagoj Margetic, one of five indicted Croatian journalists by the Chief Prosecutor’s office at the International Criminal Tribunal for the Former Yugoslavia (ICTY).

On Friday, October 28, 2005, Judge Ratko Scekic of the Zagreb County Court, during a telephone conversation, denied Mr. Margetic’s  plea to review his ICTY indictment before a Croatian court. Instead, Judge Scekic informed Mr. Margetic he forwarded his plea directly to the Croatian Ministry of Justice. Mr. Margetic is requesting the Zagreb County Court to hear his case before the Court Council which consists of three judges.

Under Article 3 of the Republic of Croatia’s Constitution regarding ICTY cooperation, Croatian courts have the right to decide subject-matter and personal jurisdiction regarding cases not dealing with persons charged with war crimes.

The indictments against the five Croatian journalists for alleged “contempt of tribunal” are a clear violation of basic human rights.  These men are facing seven years in prison for the supposed “crime” of doing their job: providing the public with relevant, sensitive information. The indictments represent a fundamental assault on freedom of the press and Croatia’s democratic institutions.  What is even more troubling is that is appears the ICTY is deliberately targeting its media critics in Croatia, seeking to muzzle and intimidate reporters critical of the tribunal.  However, other reporters who are pro-ICTY, such as those at the "Institute for War and Peace Reporting" or at the Croatian daily, "Novi List," who revealed the exact same testimony and the identity of the two "secret witnesses" in the Tihomir Blaskic case are not being prosecuted.  Even though these indictments are baseless at the core, at a minimum, the Croatian court should adhere to its own Constitution and hear Mr. Margetic’s case.

As the leading human rights watch group organization in the world, we request you immediately investigate this matter and take appropriate and precise action.  Based in Washington, DC and Chicago, the Croatian Worldwide Association is a non-partisan organization devoted to fostering democracy, an independent media and civil society in Croatia.  We look forward to hearing from you.

Best regards

Jackie Prkic
President