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Former Hague Spokeswoman's Conviction For Publishing Court Documents Criticized

Florence Hartmann, former spokeswoman for ICTY chief prosecutor Carla Del Ponte

September 16, 2009
By Ljudmila Cvetkovic
BELGRADE -- Florence Hartmann, the former spokeswoman for the UN's International Criminal Tribunal for the former Yugoslavia (ICTY), this week was sentenced for publishing "confidential" documents from the court.

The sentence was relatively light -- just 7,000 euros ($10,270) and no jail time. ICTY Judge Bakone Moloto, who on September 14 found Hartmann guilty on two charges of contempt, said that by violating the court's confidentiality rules, the Frenchwoman had put the credibility of The Hague tribunal at risk.

But Hartmann's supporters say the court is to blame for seeking to hide potential evidence linking Belgrade to war crimes in the Bosnian war.

Moloto suggested that the punishment could have been far worse, noting that the maximum penalty could have been seven years in prison and/or a fine of 100,000 euros.

Hartmann had worked as a journalist covering the Balkans in the 1980s and '90s. She left her job as the Belgrade correspondent for the French daily "Le Monde" to become the spokeswoman for The Hague tribunal, a job she held from 2000-06.

Did Hague Protect Belgrade?

During her time at The Hague court, Hartmann had access to documents that detailed the involvement of the Serbian government, particularly President Slobodan Milosevic, in the Bosnian war of the 1990s. After leaving, she published a book and a magazine article that included information culled from the court documents.

Most notably, she wrote that the court had decided privately not to disclose information potentially linking Belgrade to a number of war crimes in Bosnia, including the 1995 massacre of 8,000 Muslim men and boys in Srebrenica.

A mass grave of Bosnian Muslims in Srebrenica -- did The Hague court hide evidence of Belgrade's involvement?
The court this week said Hartmann had "knowingly and willingly interfered with the administration of justice" in publishing information from court documents, and could potentially hurt further ICTY trials.

Before the verdict was delivered, Hartmann herself argued that much of the information in her book, "Peace and Punishment," was publicly available from other sources even before the book was published.

"The verdict is not related to my case only, but to fundamental principles regarding journalism and freedom of speech," she said.

The defense also asked the court to consider as a mitigating circumstance the fact that the book had sold relatively poorly. Still, Hartmann's attorney, Guenael Mettraux, told RFE/RL he was "disappointed" by the verdict and said it would have a dampening effect on future court proceedings.

"We are very disappointed by the verdict -- actually, by the fact that the court didn't accept the arguments and evidence which we presented. At the moment we're thinking about whether we should appeal the court council's verdict -- and probably we will do so," Mettraux said.

Questions Of Transparency

In her writing, Hartmann alleged that ICTY judges concealed key documents about involvement by Serbian and former Yugoslav Republic officials in the Srebrenica massacre. She said that decision enabled the court to stop short of holding Belgrade directly responsible for the killing.

The ICTY, in its February 2006 ruling, found the former Yugoslav officials responsible for failing to prevent the massacre, but did not find them guilty on genocide charges.

The ruling has angered Hartmann's supporters, who say that the court is sending the wrong message to participating states by suggesting it will turn a blind eye to incriminating evidence.

"The judge made a decision to conceal from the public data from the state which organized numerous horrifying crimes and which asked that this data be classified as secret," says Natasa Kandic, a Belgrade-based activist who heads the Humanitarian Law Center, which documents war crimes.

"This is an encouragement for states to conceal and keep secret very important information which would contribute to establishing the truth and the responsibility of the institutions."

Serbian officials tasked with liaising with The Hague court declined to speak to RFE/RL. But in Bosnia, Smail Cekic of the Sarajevo-based Institute for Research of Crimes Against Humanity and International Law said Hartmann's verdict was a painful blow for investigators and genocide victims.

"All genocide victims in Bosnia and Herzegovina expect and ask the appeals court to lift all charges against Florence Hartmann," Cekic said.

"With this verdict, the court has jeopardized its integrity, and once again took the stance that it will protect the integrity of some states -- in this case Serbia -- in order to conceal the truth about what happened in Bosnia and Herzegovina."
This forum has been closed.
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by: Abdul Majid
September 24, 2009 20:27
Florence Hartmann was fined for telling the truth and exposing the double-dealing teh ICJ, the ICTY and everybody else did and continue to do in favor of teh Serbs, for the same reasons the European powers did not stand up to Hitler in 1938, and Mr. Michael Averko now signing himself as prince igor does the same with me, and with people whose opinions I happen to share, like Dr. Marko Attila Hoare and Owen of Srebrenica Genocide Blog.Butthrowing mud at me and repeating old and long sionce refuted propaganda lies and feeble, threadbare Serbofascist justifications will not make these propaganda lies any truwer nor will it contribute for mor recognition of the Serbs' cause, quite the contrary, it only shows how feeble-minded and evil-minded those people are, and as for teh Serb victims of the war, well, since their deaths are presented in the context of malice and bad faith they lose all and any credibility they might have.

by: Abdul Majid
September 24, 2009 20:18
Prince Igor, if I address you wrongly, as you say and yu are not Michael Averko then why do you always bite back when I address him? Then you ARE Mi-HEEL Averko.
And your replies to me have always been those of a SIMPLETON, and always will be. Is there not enough documentary evidence around that ALL victims found so far at Srebrenica were BOSNIAKS (proved by DNA analysis) and had their hands tied behind their backs and had been shot in teh back? Yet, you always come up with your same drivel "it is not so clear" "it has not been confirmed "anti-Serb bias" "sorosian"...blah blah blah.
Something only a simpleton could say. Not that I want to be arrogant, but your intellectual indferiority is clearly shown in every word you say. It is not me who calls you a simpleton just to spite you, it is you yourself who through your statements prove to everybody you are one. And a very evil simpleton in the bargain. Really, if I had someone like you in my family I would disown him.

by: Abdul Majid
September 24, 2009 20:10
Prince Igor aka Michael Averko the avowed Islamophobe lies again, and always with the same old propaganda lies which have already been discredited. He is actually doing his side a disfavor by presenting them all as feeble-minded.
So far, all responses and feeble justifications for the anti-Bosniak genocide and mass murder by all those who are on the side of Greater Serbia I have come across, seem to come only from simpletons. And from very evil-minded simpletons at that. I have yet to read something earnest and which could be taken seriously. (So far, only one Bosnian Serb, that is, someone directly involved, has said something I could take in earnest, and that person does not have and express only scorn and contempt for Bosniaks but actually tries to understand them) Not only that, whenever some Serbofascist comes up with that Serbs were also killed in the war, I can only say that even if this is probably true (and although most were soldiers and attackers), but since this is always used in a context of malice and bad faith, it loses all credibility it might have.
What do you answer to that Prince Igor? And say something INTELLIGENT for a change! (but I think it is hopeless)

by: Abdul Majid
September 24, 2009 10:33
The Hague DID protect Belgrade. All their actions concur with that goal.

by: Prince Igor
September 23, 2009 11:40
The Islamofascist lies again.

Killed as collateral damage, or as armed combatants, or as summrarily executed hasn't been thoroughly confirmed.

The not so Serb friendly Niall Ferguson had a documentary acknowledging the already known point that the given ethnicity of recovered corpses isn't always so clear.

On top of that were the bloated fatality figures from the Bosnian Civil War later confirmed as false.

Those who got that point right from the get go shouldn't be second guessed by scoundrels who readily bloated the figures with propaganda in mind.

Not to be overlooked are all of the victims of the war instead of the bigoted stances taken by some.






by: Abdul Majid
September 23, 2009 10:12
Ah, shut up Michael Averko if you can't contribute anything intelligent here buut try to sell us the same old discredited genocide denial and propaganda lies and justifications why the genocide against the Bosniaks was necessary; and if you only can hurlabuse and invective at me because I happen not to see your slander of teh Bosniaks as teh gospel truth, then you are only showing your moral and intellectual shortcomings but achieve not much more.

by: Abdul Majid
September 22, 2009 23:14
By throwing invective at me you are not making your statements about the Bosnian war any truer.
There were at least 8.347 victims at srebrenica, and they ALL were MURDERED! ALL THE CORPSES DISINTERRED HAD THEIR HANDS TIED WITH WIRE AND HAD BEEN SHOT IN THE BACK! SO much for them being "Soldiers" Ah, I am tired of presenting the truth when you only tell the same serbofascist propagand lies over and over and over, and bite back at me just because I refuse to accept your propaganda lies as the gospel truth. And here, they allow you to drivel and slander the Bosniaks, the victims of this war all you like. But the serbs can not win the next round. If they try to carve up Bosnia it will not be the victory of Milosevic beyond the grave. All the contrary, and YOU, Michael Averko, will be POWERLESS to stop them! Or do you really think that with all your anti-Bosniak diatribe you will make GReater Serbia come true?

by: Prince Igor
September 22, 2009 13:55
The simplistic sleaze posting as Abdul Majid doesn't appropriately address me, while repeatedly stating dubious opinion (put mildly) as fact.

Once again, there's no evidence of 7,000 or more Muslim males summarily executed at Srebrenica.

Previously bloated figures have (for the most part) been acknowledged as false.

So there's no misunderstanding, I've never denied that war crimes weren't committed among the three groups involved in the Bosnian Civil War.

I also haven't blatantly misrepresented what others in disagreement with my views have said.

This contrasts from some of the folks who this Islamofascist supports.

Such is their pathetic nature.

by: Abdul Majid
September 22, 2009 10:16
C'mon Averko, you can do better than that, repeating the same propaganda lie over and over does not make it any truer, and calling me names won't help you either, nor will smearing Marko Attila Hoare or the srebrenica Genocide Blog. The Serbs killed 8.347 people at Srebrenica in the days after they overran it, and they had already killed many more in the three years before, that's a fact, and by your constantly denying it, and adding abuse you only throw your moral and intellectual deficiencies into sharp relief. Only that now it seems the latter are the bigger obnes. You have as much credfibility as Geert Wilders and Julius Streicher. You are evil, you are foul.

by: Abdul Majid
September 21, 2009 10:15
If you don't have anything intelligent, let alone truthful to contribute, Mr. Averko, keep it for yourself, or post it on serbianna, greyfalcon and other such serbofascist propaganda networks, BUT NOT HERE, where it is an insut to the intelligence of all who know bwetter, let alone an insult to the victis of the Bosnian war!
No matter how often you say "here was no genocide at Srebrenica, the Bosniaks are at fault of the war" you will NOT make it any truer! On the contrary, you are throwing your moral and iontellectual shortcomings into sharp relief,and dragging down what little reputation is left of the Serbs.
Dr. AMrko Attila Hoare and Srebrenica Genocide Blog are TRUTHFUL, while all serbofascists are NOT! And no matter how often you will shout out your lies, nobody except Serbofascists will believe you, but it was high time they pulled the plug on you here! Most users of this site want to read the TRUTH, and not Serbofascist of Russian imperialist justifications! If I wanted that I would go to serbianna or some other hate site. And even those should be closed down. Freedom of expression should not count for those who seek to destroy it.
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