New York, October 7, 2005A Croatian journalist
was arrested Thursday and faces extradition to the Hague-based United
Nations International Criminal Tribunal for the Former Yugoslavia (ICTY)
after being accused of identifying a protected witness and failing to
appear at a hearing on a contempt of court charge.
Croatian police in the southern city of Split arrested Josip Jovic, the
former editor-in-chief of the Split daily Slobodna Dalmacija, acting
on a September 28 arrest warrant issued by the Tribunal, according to
local press reports.
Jovic's lawyer Vinko Ljubicic said the journalist was being held at the
Split district prison and that "we will submit an appeal as soon as possible,"
the state news agency HINA reported. The Tribunal issued the arrest warrant
after Jovic failed to appear for a September 26 hearing to enter a plea
on a contempt of court charge.
The case stems from indictments issued by the Tribunal in April and September
against five journalists and a former intelligence officer for identifying
a witness who testified against indicted war criminal Tihomir Blaskic
in 1997. The Tribunal had issued a number of gag orders barring news organizations
from identifying the witness or publishing the witness' testimony. It
alleges that the journalists repeatedly defied the gag orders by publishing
the identity and testimony.
Four of the journalists have appeared at Tribunal hearings to enter not
guilty pleas, saying the material they published was of public interest
and the witness' identity had already been made public. Jovic insisted
he did nothing wrong and refused to attend a September 26 hearing to enter
a plea.
The journalists point out that the protected witness' identity was disclosed
in a 1997 Tribunal ruling posted on the Tribunal's Web site. In the 1997
ruling, which was still posted on the site on Friday, the Tribunal identified
the witness by name and ruled that the witness' identity should be protected.
The journalists also say that other Croatian media outlets reported the
witness' identity. They face up to seven years in prison and 100,000 euros
(US$121,000) in fines if found guilty.
The Tribunal unsealed indictments against three of the journalists on
April 27. They are: Ivica Marijacic, editor-in-chief of the Zagreb-based
weekly Hrvatski List; Stjepan Seselj, publisher of the Zagreb-based
weekly Hrvatsko Slovo; and Hrvatsko Slovo editor Domagoj
Margetic. The indictments of the two others were unsealed on September
9. They are: Jovic and Marijan Krizic, editor-in-chief of Hrvatsko
Slovo.
The journalists were indicted under Rules of Procedure and Evidence 77
A (ii), which authorizes the court to "hold in contempt those who knowingly
and willfully interfere with its administration of justice, including
any persons who ... disclose information relating to those proceedings
in knowing violation of an order of a Chamber."
The Tribunal grants protected witness status to some individuals in an
effort to shield them from retaliation for testifying against indicted
war criminals. Some protected witnesses have received death threats from
supporters of indicted war criminals after being identified in the media.
"Court-imposed gag orders on news organizations are very troubling, and
there are unanswered questions about the Tribunal's actions," CPJ Executive
Director Ann Cooper said. "For example, it's puzzling why the Tribunal
would take legal action against journalists for revealing information
that the Tribunal itself has made publicly available. We are closely monitoring
how the Tribunal handles these cases."

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