Carla Del Ponte's Latest Fiasco

CARLA DEL PONTE'S LATEST FIASCO

UN ICTY Judge Patrick Robinson dismissed the Order on the Prosecution's Requests to Amend and Join the Indictments regarding indicted Croatian journalists and ordered Del Ponte to start all over again.

On May 10, 2006, the United Nations International Court for the Former Yugoslavia (ICTY) at The Hague with Judges Patrick Robinson  (Presiding), O-Gon Kwon and Iai Bonomy, ordered the prosecution to withdraw all of its previous motions and dismissed the joinder request for indicted Croatian journalists: Josip Jovic, Domagoj Margetic, Marijan Krizic and Stjepan Seselj. It is important to note, however, that the Croatian journalists remain ICTY Indictees because the UN Court did not withdraw their indictments.

"CONSIDERING that the Chamber has carefully reviewed and compared all of the proposed and amended indictments attached to the aforementioned motions and to the Prosecution Response, and has found that, in its various proposed amended indictments, the Prosecution has made several changes to the original indictments without making a specific request for these amendments in any of its motions for leave to amend;"

"CONSIDERING that some of the amendments sought by the Prosecution are substantial and may result in new charges against some of the accused as they might introduce a basis for conviction that is legally and factually distinct from any which is already alleged in the original and currently operative indictmentsl;"

It is important to highlight that indicted journalist, Stjepan Seselj, has testified against the other indictees before the Prosecutor's office at The Hague.  Based on Seselj's testimony, his indictment should differ than the indictments of Jovic and Margetic.

In this latest decision, the Trial Chamber has ordered Carla Del Ponte to "withdraw all of its previous motions seeking leave to amend the indictment, and attaching proposed amended indictments; to file a single, new motion for leave to amend the indictments in each of the three cases, consolidating all of its prior requests, with ten (10) days of the filing of the present Order; re-file its motion for joinder of the three cases, setting out in detail its arguments for joinder, both in the event that some or all of its proposed amendments are granted, and in the event that they are not."

The Trial Chamber's decision is a result of the Croatian Worldwide Association's lobbying the United Nations Security Council and protesting these indictments. Margetic has been in contact with the Paris based international organization, Reporters Without Borders.  Reporter Without Borders have stated these indictments are nothing more than political and support Margetic's lobbying against the indictments.  Upon receiving this latest ICTY decision, Domagoj Margetic announced he will continue to fight against The Hague before Croatian courts, including Croatia's Supreme Court. Margetic filed his complaint over six months ago and has yet to receive a response or decision.

Read the full text of the order:

http://www.domagojmargetic.com/media/HAAGodbacivanjeobjedinjeneoptuznice.pdf