Seselj Denies Exposing Protected Witnesses

Rachel Irwin

Senior Reporter

Friday, 25 February, 2011

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As his second contempt trial at the Hague tribunal got underway this week, Serbian nationalist politician Vojislav Seselj declared himself to be the “greatest enemy of the Hague tribunal” and denied revealing details about protected witnesses.

“For eight years, the Hague prosecutor has been trying to create some kind of link between me and war crimes,” Seselj said, gesturing with his hands. “The prosecution has suffered a fiasco, and what they are trying to do now is to use my time in detention, which can in no way be justified, and fill it with judgements and sentences [for] contempt of court.”

Detained at the tribunal since 2003, Seselj is charged with nine counts of war crimes and crimes against humanity – including murder, torture and forcible transfer – for atrocities carried out in an effort to expel the non-Serb population from parts of Croatia and Bosnia between August 1991 and September 1993. He represents himself in court and remains leader of the Serbian Radical Party, SRS, based in Belgrade.

Seselj’s criminal trial has endured repeated delays since it officially began in November 2007, a full year after the original trial date was postponed due to the accused’s hunger strike. The prosecution has only recently completed its case.

The accused first faced contempt charges in 2009, and was subsequently found guilty and sentenced to 15 months in prison for revealing details about protected prosecution witnesses in one of the books he authored.

He faces similar charges in this second trial, in relation to 11 protected prosecution witnesses.

Seselj, however, contends that he “never published a single name of a [protected] witness.

“All I did was publish the testimonies of people whose hands were forced, who were coerced into giving false testimony,” he said, adding that these witnesses had provided “entirely different and new” statements after speaking to his defence advisers.

“…. Those witnesses themselves made their identities public,” Seselj said. “They agreed for the statements they provided to the defence to be published.”

The prosecution disagreed, and alleged that Seselj was aware of the protective measures in place for these witnesses and knowingly revealed personal details about them, which in some instances included their full name, address, education, occupation, details about their involvement with the prosecution and their witness statement. In other instances, he is alleged to have revealed their personal identification numbers.

Bruce MacFarlane, the lawyer prosecuting the case, asked judges to also allow similar evidence from Seselj’s newest book, which was published at the end of last year, as well as text found on the accused’s personal website. The judges, however, declined to admit this additional material, saying they wished to “limit the scope of the trial”.

Seselj responded by railing against the court registry for “trying to do away with my internet website.

“What I decide once and for all to have on my website remains there, once and for all, and no one can do away with that!”

He said if he is forced to find a new “distributor” for it, he will go to his “great friend and leader of the Korean people” Kim Jong-Il.

“No one can force him to relent to any kind of pressure exerted by the Hague tribunal, so my website will not be destroyed,” Seselj said. “You can kill me, but you can’t destroy my website. It has become indestructible.”

Later, he said he wished the tribunal had indicted him years earlier on war crimes charges.

“Then I could have shaken the foundation of the tribunal already in 1995 or 1996 by showing methods [the prosecution] is using,” Seselj said. “I was indicted at a late stage but never gave up on intention of doing that. I did that in this book.

“For all I know, there might be another ten trials where I stand accused. I will certainly do my best to have at least another ten contempt trials instituted against me. I will not be deterred by anyone.

“As the great leader of the Korean people, Kim Jong-Il says, ‘Whoever fights in salient interest of the truth and freedom, must be prepared to make sacrifices.’ I have followed his shining example and I have demonstrated my willingness to make sacrifices, even if I should face death itself.”

The prosecution called no witnesses during their relatively brief presentation, but produced numerous documents to be admitted as evidence.

Seselj was scheduled to present his own defence case – he said he intends to call ten witnesses – but complained that funding problems prevented him from being able to interview his witnesses or consult with this defence advisers.

Presiding Judge O-Gon Kwon noted that the issue of funding fell under the purview of the court registry, and Seselj would have to take up the matter with them.

The registry previously declined to provide funding for Seselj’s criminal trial because the accused did not prove financial indigence, and other matters relating to his defence compensation are currently being deliberated by the appeals chamber.

As a result, Judge Kwon said that the defence component of the contempt case will be postponed while the funding issues were sorted out. He noted, however, that currently the only available dates for recommencing were not until the end of May or beginning of June.

“This year or next year?” Seselj asked.

“That was a good one, Mr Seselj,” Judge Kwon replied with a smile.

“Everything I say goes down in the history of international legal science,” Seselj retorted.

“If you were trying to…get me to give up my defence altogether, then you have misassessed the situation. I will stick to my procedural rights. As far as I know this might go on for another ten years, the trial we’re in the middle of right now. The other trial might take another 20.”

Rachel Irwin is an IWPR reporter in The Hague.