ICTY Investigation
February 13, 2006
United Nations Office of Internal Oversight Services
Reporting Facility
Dag Hammarskjold Convenience Center (DHCC)
P.O. Box 20114
New York, NY 10017
Dear OIOS Investigators:
On behalf of the Croatian Worldwide Association, we write requesting the United Nations Office of Internal Oversight Services launch an internal investigation into the conduct and practices of the International Criminal Tribunal for the Former Yugoslavia (ICTY) Chief Prosecutor, Carla del Ponte.
Created in 1993, the ICTY was intended to be an impartial ad hoc institution independent of any bias or politics, and whose only function was to dispense justice to war criminals. Its original intent was never to prosecute innocent journalists, generals and military personnel. Yet, under Carla Del Ponte, the UN tribunal has indicted five Croatian journalists for the alleged crime of “contempt of the tribunal,” pursuant to Rule 77 of the ICTY’s Rules of Procedure and Evidence in April 2004, for publishing the identity and statements of a protected witness in the 1997 Croatian General Tihomir Blaskic case. Each of the journalists face a possible punishment of a 100,000 Euro fine and seven years in prison.
The journalist indictments are based on the publication of “secret testimony” given by current Croatian President Stipe Mesic to the ICTY. In 2001, Mr. Mesic’s testimony was already available on the Internet. Moreover, Mr. Mesic himself publicly admitted that he was the source of the “secret testimony” in the Tihomir Blaskic case (Mesic audio during a press conference in 2000 http://mprofaca.cro.net/HRT_Mesic_28112000.ram). In a functioning democracy, the public’s right to be informed, along with the rights of journalists to publish their reporting free of any censorship, is at the core of an open and free democratic society. Freedom of the press and freedom of expression and speech should never be compromised.
This is yet another example of the misuse and abuse of power as Chief Prosecutor. The indictments against the Croatian journalists are a clear violation of basic press freedoms and human rights. This is why the Organization for Security and Cooperation in Europe (OSCE), the New York-based Committee to Protect Journalists, and Reporters without Borders have strongly criticized and condemned the tribunal’s and Carla Del Ponte’s actions. The UN war crimes tribunal’s assault on freedom of expression is undermining the credibility and legitimacy of the ICTY not only in Croatia, but throughout the region. The ICTY’s actions violate and undercut the efforts at democratization and building truly independent institutions, such as a free media.
On January 26, 2006, the Appeals Chamber lifted all protective measures regarding “secret witness” Stipe Mesic; however, the indictments against the journalists were not dropped. The very basis of the indictments is centered on revealing the identity of the secret witness and now that the identity is no longer “secret,” why haven’t the indictments against the journalists been dropped?
We strongly urge your office to open up an official investigation against Carla Del Ponte as ICTY Chief Prosecutor. We are here to offer any assistance and have included a fact sheet at the end of this letter further outlining her abusive actions. Even the Rwanda Criminal Tribunal chose to replace Carla Del Ponte for her failure to act impartially and independently as chief prosecutor. Based on the facts, we appeal Carla Del Ponte be removed and replaced as chief prosecutor. In addition, we request an interim prosecutor be appointed and that your office also launch an internationl investigation into ICTY operations at The Hague.
The Croatian Worldwide Association is non-profit organization and not part of any political party, faction or ideological affiliation. The CWA works to promote democratic values and principles in Croatia, Bosnia-Hercegovina and abroad.
Thank you for your attention and consideration as we look forward to working with you on this important issue and trust we will receive a timely response to our request. We are thankful that such an office within the United Nations organization exists to conduct serious investigations such as this one of Ms. Del Ponte.
Sincerely,
Jackie Prkic
President
Fact Sheet on Abuses Committed by ICTY Chief Prosecutor, Carla Del Ponte
Introduction: The International Criminal Tribunal for the former Yugoslavia (ICTY) was intended to be an impartial ad hoc institution independent of any bias or politics, and whose only function was to dispense justice to war criminals. Instead, under Chief Prosecutor, Carla Del Ponte, the U.N. court has become a politicized body, which exists to serve her personal agenda. She has committed numerous judicial abuses: changing her assessments of the “cooperation” of certain Balkan countries due to political circumstances and outside pressure; issuing indictments against journalists that are a direct violation of human rights and basic press freedoms; making unsubstantiated and slanderous public accusations against Pope Benedict XVI and the Vatican hierarchy; and repeatedly seeking to indict and imprison senior U.S. officials.
1) Carla Del Ponte succumbed to pressure to say that Croatia has been “fully cooperating” with the ICTY, thereby allowing the country to enter EU entry talks, as a key condition for Austria dropping its opposition to Turkey’s membership negotiations.
• On Friday, Sept. 30, 2005, Carla Del Ponte meets with Croatian President Stipe Mesic and Prime Minister Ivo Sanader to discuss Croatia’s progress in cooperating with the tribunal. According to numerous press reports, including the Associated Press, she leaves the meeting and publicly states: “You cannot imagine how disappointed I am.” During the press conference, Mesic and Sanader can be seen behind her visibly angry and deeply disappointed. Press reports conclude that Del Ponte will obviously report to the EU that Croatia is NOT in full compliance.
• On Saturday, Oct. 1, 2005, the media reports that the EU is deadlocked over talks with Turkey. News agencies state that Austrian leaders are threatening to delay EU accession talks with Turkey scheduled to begin on Monday, Oct. 3, by opposing full membership for Ankara. A political crisis develops over the weekend as Turkey also begins to speak of walking away from the EU. Austria insists that its traditional ally, Croatia, be allowed to open its accession talks at the same time as Turkey.
• On Sunday, Oct. 2, 2005, British Foreign Secretary Jack Straw states failure to start the talks “would represent a failure for the European Union,” according to Agence France Presse. European Union ministers hold emergency talks in an effort to sway Austria to drop its opposition to opening membership negotiations with Turkey. Austria does not back down from its demands.
• On Tuesday, Oct. 4, 2005, The EU crisis is averted and accession negotiations with Turkey begin. Also, Carla Del Ponte gives her report to the EU Task Force on Croatia. In a complete reversal from her statements three days earlier, she gives Croatia the green light. “I can say that, for a few weeks now, Croatia is co-operating fully with us,” Del Ponte says. Her report clears the way for Croatia to also begin EU membership talks. The Financial Times writes that “Failure to begin the talks on time would have meant a third EU crisis, after deep divisions over the European constitution and the EU budget.”
• On Wednesday, Oct. 5, 2005, Press reports surface that within the ICTY itself, “irritation is very strong,” and that speculation has arisen at The Hague Court about whether Del Ponte’s move was influenced by political pressure, according to the EU Observer. Del Ponte’s decision to reverse course on her assessment of Croatia’s “cooperation” is widely denounced by numerous media outlets, with Germany’s Spiegel, in its Oct. 5, 2005 online editions, describing her actions as “horse-trading with Carla Del Ponte.”
2) In January and August 2005, Carla Del Ponte’s office issues indictments against five Croatian journalists for two separate incidents of publishing the identities and testimonies of “secret” Tribunal witnesses. The Prosecutor’s office claims the indictments are about protecting witnesses. However, on closer inspection, they are clearly a case of prosecutorial abuse of power and an attempt to stifle dissent in the media.
• On April 19, 1997 and March 16, 1998, Stipe Mesic, who is currently the president of the Republic of Croatia, gives testimony to the Hague Tribunal in the Tihomir Blaskic case (IT-95-14).
• In November 2000 and November 2004, Croatian newspapers, “Slobodna Dalmacija” and “Hrvatsko Slovo,” publish the identity and testimony of Mr. Mesic.
• On January and August 2005, indictments are issued against Josip Jovic, Stjepan Seselj, Domagoj Margetic, Ivica Marijacic, Marijan Krizic and Markica Rebic.
• On October 2005, Josip Jovic (Slobodna Dalmacija) is arrested and put in a local Split county jail for his refusal to appear before The Hague Tribunal to enter a plea.
• THESE INDICTMENTS ARE ISSUED EVEN THOUGH THE IDENTITY OF THIS WITNESS WAS PUBLISHED FOR 8 YEARS ON THE ICTY’S OWN WEB SITE (see Chamber I Decision of 06 June 1997).
• Also, the witness, Stipe Mesic, has openly discussed his testimony as a matter of public record. (See editions of “Vjesnik,” Nov. 27/28, 2000 and “Coffee with the President,”May 23, 2005, Croatian Radio address).
• On August 2, 1997 and December 19, 1997, a Dutch U.N. officer gives testimony to the Hague Tribunal regarding his encounter with indicted war crimes suspect Miroslav Bralo Cicko.
• On November 18, 2004, Croatian newspapers “Hrvatski List” and “Novi List” publish the identity and testimony of the protected witness.
• On January 25, 2005, indictments were issued against Marijacic and Rebic for publications in “Hrvatski List.” But publishers of “Novi List”—a pro-ICTY, pro-Del Ponte newspaper—are never indicted even though they published the EXACT SAME information (which still resides on their Web site to this day.)
• The Organization for Security and Cooperation in Europe (OSCE), along with press watchdog groups, such as the Committee to Protect Journalists (CPJ) and Reporters Without Borders, have criticized the indictments as severe violations of basic press freedoms. They have demanded the amendment of Rule 77 of the ICTY dealing with contempt, so that it would only apply to those officials who have actually leaked confidential information.
3) In September 2005, Del Ponte publicly accuses the Vatican hierarchy, the Roman Catholic Church and Pope Benedict XVI with shielding fugitive Croatian General Ante Gotovina, who is indicted by the ICTY for crimes related to the 1995 Croat-Serb war. Del Ponte charges the Vatican with hiding Gotovina in a Franciscan monastery in Croatia.
“I have information [Gotovina] is hiding in a Franciscan monastery and so the Catholic Church is protecting him. I have taken this up with the Vatican and the Vatican refuses totally to co-operate with us,” she says in an interview published in the Sept. 20, 2005 editions of The Daily Telegraph.
• Del Ponte’s comments deeply alienate the Croatian population (which is 88% Catholic). “The international community, which has appointed her (Del Ponte) to be a part of The Hague Tribunal, should eventually explain such statements to both the Catholic Church and Croatia,” says Church spokesman Anton Suljic. - Agence France Presse (AFP), 20 Sept 2005
• Vatican spokesman Joaquin Navarro-Valls confirmed that Del Ponte met with Vatican Foreign Minister, Archbishop Giovanni Lajolo, and that he had asked her “to indicate with as much precision as possible the evidence on which she based her belief that General Gotovina had taken refuge in certain religious buildings in Croatia, in order to contact the relevant religious authorities.” Navarro-Valls stated that Del Ponte did not reply to this request. -Agence France Presse, 20 Sept 2005
• Franciscans in Croatia deny sheltering the Croatian general and label Del Ponte’s allegation as the ultimate in “an inappropriate and outrageous media campaign.” – AFP, 22 Sept 2005
• In her report to the EU Task Force on Croatia on Oct. 3, 2005, Del Ponte reiterates her allegations that Gotovina is in a Franciscan monastery and that her “visit to the Vatican on July 1 only confirmed the lack of willingness by the Holy See to cooperate with the ICTY.” - Agence Europe, 4 Oct 05
• Del Ponte’s slanderous accusations not only are made without any concrete evidence whatsoever, but they make the Vatican appear responsible for Gotovina remaining at large and border on charges of obstruction.
4) Del Ponte has consistently demonstrated her intense hostility toward the United States. In the past, she has repeatedly sought to indict senior American political and military officials for alleged “war crimes,” including former President Bill Clinton.
• The Washington Post reported that in 1999 Carla Del Ponte investigated NATO commanders—including U.S. General Wesley Clark—for possible violations of international law in conducting air strikes against Serbia in the spring of 1999. (See The Washington Post, 29 Dec 1999). Only intense U.S. and NATO pressure forces her to back down.
• In August of 1995, Croatian troops led a U.S.-backed offensive operation, named “Storm,” to retake areas occupied by Serb guerrillas. Countless press reports show that the lightening operation had the full knowledge and support of the Clinton administration, the CIA and the Pentagon. The offensive not only restores Croatia’s territorial integrity, but it liberates the besieged Bihac pocket in northwestern Bosnia, where tens of thousands of Bosnian Muslim civilians are being pounded by Serb artillery forces. THE OPERATION PREVENTS A SREBRENICA-STYLE MASSACRE AND DELIVERS A FATAL BLOW TO MILOSEVIC’S GENOCIDAL GOAL OF A GREATER SERBIA. (See Newsweek, “What did the CIA Know?” by Roy Gutman, 27 Aug 2001).
• The Wall Street Journal Europe states in its Aug. 31, 2001 editions that “The indictment of Croatian General Ante Gotovina for ‘command responsibility’ of Operation Storm presents the question whether the Western way of war, as practiced by the United States and its NATO allies, and fully consistent with traditional international legal and historical norms, is now to be declared illegal.”
• The Washington Times reports in its Dec. 6, 2002 editions that Croatian Admiral Davor Domazet, chief of Croatian military intelligence during Operation Storm, was questioned by investigators from the ICTY and a representative from the Prosecutor’s office. The interrogation was to “investigate the role of U.S. intelligence officials in the Medak and Storm Operations.” In particular, the line of questioning focused on the role of senior Clinton administration officials, including President Clinton. When asked by The Washington Times whether the ICTY was planning to indict President Clinton for his role in backing Operation Storm, Del Ponte’s chief spokeswoman, Florence Hartmann, confirmed: “We are working on the basis of an ongoing investigation.”
• Immediately a political firestorm erupts in Washington. Only after intense pressure from the U.S. and its NATO allies, does Del Ponte decide to back down from her investigation.
Conclusion: The ICTY has been hijacked by an out-of-control prosecutor who is obsessed with power. Del Ponte has clearly demonstrated her lack of judgment and incapacity to remain in the position of chief prosecutor. By continuing to stay on as chief prosecutor, Del Ponte only threatens to further undermine the credibility and legitimacy of the ICTY. For the good of the tribunal, she should be removed and replaced with an interim prosecutor. Many of her deeply flawed and outrageous indictments, which would be laughed out of any Western courtroom, should also be immediately dismissed.
Moreover, her conduct warrants a formal investigation by the United Nations Office of Internal Oversight Services since the ICTY falls under the auspices and oversight of the United Nations. The lack of accountability and oversight of Del Ponte’s actions reveal the systemic culture of corruption and abuses prevalent at the ICTY.