Tuesday, July 28, 2009

ICTY Imposes Jail Term for Disclosing Identity of Protected Witnesses

ICTY International criminal tribunals have it hard enough, but disclosing the identity of protected witnesses cannot help.  Here is a a press release from the United Nations describing a 15-month jail term given to a defendant who published a book containing the names of three witnesses.

The International Criminal Tribunal for the Former Yugoslavia (ICTY) gave the leader of the Serbian Radical Party a 15-month jail term after finding him guilty of contempt of court for publishing the names of three protected witnesses in his war crimes trial.  Vojislav Šešelj, who is facing nine charges relating to his alleged role in an ethnic cleansing campaign in the Vojvodina region of Serbia between 1991 and 1993, authored a book containing detailed information – including the names and court-given pseudonyms – about the three witnesses.  Mr. Šešelj said he did not reveal the witnesses’ names with the intention of intimidating them, but rather to “unmask a plot in public” regarding some events in the indictment for his war crimes trial.  But the International Criminal Tribunal for the former Yugoslavia said it was gravely concerned with “the deliberate way in which the protective measure decisions” concerning the witnesses had been defied by Mr. Šešelj.

“The Chamber considers this a serious interference with the administration of justice, particularly given the potential adverse impact of such conduct upon witnesses’ confidence in the Tribunal’s ability to guarantee the effectiveness of protective measures,” according to a summary of the judgment read out by Judge O-Gon Kwon, the ICTY’s Vice-President. “Furthermore, the Chamber recognizes the need to discourage this type of behaviour, and to take such steps as it can to ensure that there is no repetition of such conduct on the part of the Accused or any other person.”

The ICTY, which sits in The Hague, also ordered Mr. Šešelj to withdraw the book from his website and to report back to the Tribunal on this action by 7 August.

The separate war crimes trial of Mr. Šešelj, which began in late 2006, was adjourned in February this year. He has pleaded not guilty to the charges, which include murder, torture and persecution.

(mew)

http://lawprofessors.typepad.com/international_law/2009/07/icty-imposes-jail-term-for-disclosing-identity-of-protected-witnesses.html

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Comments

The Tribunal has already failed to protect people - whenever KLA people are indicted, corpses show up of people whom the ICTY is supposed to protect. Then the KLA people are acquitted. That's what happened with Ramush Haradinaj... None of the people involved of course were charged with any crime by the ICTY or by anyone else. As the Western powers wanted Haradinaj to be acquitted, this explains that part of the plot.

Once, the ICTY accused a newspaper editor of contempt - he ran the major opposition newspaper in Montenegro, called Dan. He was liquidated under suspicious circumstances... the ICTY did not complain about that surely. Had Djukanovic ordered it, it was for the best, the Western powers surmised. I see that the committees for protecting journalists did not care that an opposition journalist was extrajudicially executed probably on order of the government of Montenegro - he did after all accuse Djukanovic through his newspaper of being a gangster, as he accused Zoran Djindjic of being his associate in crime.

This Seselj sentence is a bad joke. He has served 15 months several times already through his "speedy trial"...

Posted by: R | Jul 28, 2009 2:55:39 PM

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