Yugoslav war crimes tribunal indicts Croatian journalist for contempt of court

Yugoslav war crimes tribunal indicts Croatian journalist for contempt of court

Associated Press

September 12, 2006

The Yugoslav war crimes tribunal indicted a Croatian freelance journalist for the second time for contempt of court, accusing him of publishing the names of witnesses whose identities judges had ordered withheld.

Press freedom advocates have protested the court's decision to prosecute reporters in the past, arguing that judges are far too liberal in granting prosecution requests to allow witnesses to testify anonymously.

The Hague-based court said in a statement late Monday it had indicted Domagoj Margetic for allegedly publishing the names of witnesses on his Web site in July and August, despite being warned that the names were confidential.

The list of some 120 witnesses, many of whose identities were supposed to be protected, was given to Margetic by tribunal prosecutors as part of a previous contempt case against him that was dropped earlier this year, prosecution office spokesman Anton Nikiforov said Tuesday.

If convicted, Margetic faces a maximum punishment of seven years in prison and a fine of euro100,000 (US$127,000).

Last month, the court convicted another Croatian journalist, Josip Jovic, for contempt of court and fined him euro20,000 (US$25,400) for publishing the name and testimony of a protected witness.

"It is the duty of the media to expose the functioning of the courts ... to public debate, especially when their functioning at the very least raises questions," Reporters Without Borders wrote in an analysis of the Jovic ruling.

By publishing the names of witnesses who testified several years ago in the tribunal's trial of Bosnian Croat Gen. Tihomir Blaskic, Margetic "undermines confidence in the Tribunal's ability to grant effective protective measures" to witnesses, his indictment said.

"He was fully aware of the confidentiality of this information that he received," said Refik Hodzic, another tribunal spokesman.

"It's a blatant, blatant violation of the (non-publication) order and it goes against one of the pillars of the tribunal and that is the ability of the tribunal to protect witnesses in war crimes trials," he added.

Margetic is believed to be at large in Croatia. The tribunal has asked Croatian authorities to hand him over for trial in The Hague.