Monday, September 14, 2009

ICTY Judgement in Florence Hartmann Case

On Monday, 14 September, the Specially Appointed Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) convicted French journalist Florence Hartmann for contempt of the Tribunal (Case No. IT-02-54-R77.5, full Judgement [PDF], Judgement Summary [PDF]).

On 27 August 2008 Florence Hartmann was charged with two counts of contempt of court, pursuant to Rule 77(A)(ii) of the Rules of Procedure, for knowingly interfering with the administration of justice by disclosing the contents, purported effect and confidential nature of two Tribunal decisions.

Hartmann, who served as public spokesperson for former ICTY chief Prosecutor Carla Del Ponte from 2000 to 2006, allegedly disclosed protected information relating to the Tribunal's proceedings against Slobodan Milošević in her book ‘Paix et châtiment : les guerres secrètes de la politique et de la justice internationales’ in 2007 and in an article entitled ‘Vital Genocide Documents Concealed’, published in January 2008.

The disclosed information concerned two confidential Appeals Chamber decisions not to publicise documents from Serbia's Supreme Defense Council given to the ICTY by Serbia for the purpose of the Milošević trial. These documents allegedly show the involvement of the Serbian government in the atrocities committed in the Bosnian war in the 1990s and might have supported Bosnia's efforts to hold Serbia liable for genocide in its case before the International Court of Justice.

During the trial both Hartmann's lawyer and numerous human-rights groups and NGOs in the former Yugoslavia pointed out that the information revealed by Hartmann was already in the public domain and that a conviction would be limiting free speech.

In its judgement the Specially Appointed Chamber stressed that “a decision remains confidential until a Chamber explicitly decides otherwise.” The Chamber found that, although some of the information disclosed by Hartmann was already in the public domain, it did not equal the confidential information referred to in the charges. In view of her former position at the ICTY the Chamber was also convinced that Hartmann knew that her disclosure was done in breach of a court order.

Regarding the sentence the Chamber considered that the conduct of Hartmann might deter other states from cooperating with the Tribunal in providing evidence which in turn would seriously hamper the work of the Tribunal. However, the Chamber also took into account, inter alia, that part of the information provided by Hartmann was already public. She was fined 7,000 Euros.

See also the blog written by William Schabas, "Hartmann Convicted of Contempt of the Tribunal."


lpcyusa said...

Irrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case

In the case of Dr Karadzic currently in the Hague, my eye witness testimony proves the Hague was never a true tool of international social justice from its very conceptions/construction phase.

This legal technicality indicates the Hague must dismiss charges against Dr karadzic and others awaiting trials in the Hague jail; like it or not.

Unfortunately for the The Signatures Of the Rome Statute United Nations member states instituting the ICC housed at the Hague, in Karadzic and other Hague case, there is no other international court capable; even if there was, the same
United Nations member states that spoke about trading judicial appointments and verdicts for funding when I attended the 2001 ICC Preparatory Meetings at the UN in Manhattan would be morally incapable of constructing another court to hear cases.

My suggestion is to transfer immediately Dr Karadzic and others awaiting trial at the Hague back to Serbia and their respective countries to decide how to proceed next.

Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case
I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to establish an newly emergent

International Criminal Court, the exact caliber of criminal corruption running so very deeply at the Hague, that it was a perfectly viable topic of legitimate conversation in those meetings I attended to debate trading verdicts AND judicial
appointments, for monetary funding.

Jilly wrote:*The rep from Spain became distraught and when her country’s proposal was not taken to well by the chair of the meeting , then Spain argued in a particularly loud and noticably strongly vocal manner, “Spain (my country) strongly
believes if we contribute most financial support to the Hague’s highest court, that ought to give us and other countries feeding it financially MORE direct power over its decisions.”

((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for international judicial verdicts and judicial appointments, all country representatives present in the meeting that day all treated the Spain proposition as a ”totally legitimate topic” discussed and debated it between each other for some time. I was quite shocked! The idea was "let's discuss it." "It's a great topic
to discuss."

Some countries agreed with Spain’s propositions while others did not. The point here is, bribery for judicial verdicts and judicial appointments was treated as a totally legitimate topic instead of an illegitimate toic which it is in the meeting that I
attended in 2001 that day to establish the ground work for a newly emergent international criminal

In particular., since "Spain" was so overtly unafraid in bringing up this topic of trading financial funding the ICC for influence over its future judicial appointments and verdicts in front of every other UN member state present that day at the UN, "Spain" must have already known by previous experience the topic of bribery was "socially acceptable" for conversation that day. They must have previously spoke about bribing the ICTY and ICC before in meetings; this is my
take an international sociological honor student.
Could anyone imagine the US Supreme Court having such a discussion about trading money for judicial verdicts and judicial appointments among the judges appointed and those funding it as an institution, and then say claim it was capable
of giving anyone or anything a "fair trial" as the ICTY and ICC claim?

The idea is utterly ridiculous and disgusting morally!



lpcyusa said...

What It’s Like to Chill Out With Whom the World Considers the Most Ruthless Men in the World Ratko Mladic, Radovan Karadzic and Goran Hadzic (+) Confessions of a Female War Crimes Investigator

Retrospectively, it was all so simple, natural and matter of fact being on a boat restaurant in Belgrade, sitting with, laughing, drinking a two hundred bottle of wine and chatting about war and peace while Ratko Mladic held my hand. Mladic, a man considered the world’s most ruthless war criminal since Adolf Hitler, still at large and currently having a five million dollar bounty on his head for genocide by the international community. Yet there I was with my two best friends at the time, a former Serbian diplomat, his wife, and Ratko Mladic just chilling. There was no security, nothing you’d ordinarily expect in such circumstances. Referring to himself merely as, Sharko; this is the story of it all came about.
(Read My Entire Book Here For Free Now).
(Jill Starr's Extire American Expose Including the Secret Scanned Photo Documentary Evidence I Obtained From the CLOSED UN ICC Preparatory Meetings (2001)
(Jill Starr On Instablogs)
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