On december 14th, Reporters Without Boarders appealed to Mrs Dunja Mijatovic, Representative on Freedom of the Media, Organization for Security and Co-operation in Europe and to Frank La Rue United Nations Special Rapporteur for Freedom of Opinion and Expression for support for referral petition by Ms Florence Hartmann.

Support for referral petition by Ms Florence Hartmann

Dear Madam, Dear Sir,

Reporters Without Borders, an organization that campaigns for freedom of the press and freedom of
expression, wishes to express its full support for the petition submitted recently by Ms Florence
Hartmann referring her case to you.
Ms Hartmann, an investigative journalist and former spokeswoman for the International Criminal
Tribunal for the Former Yugoslavia, was fined 7,000 euros for contempt of the Tribunal according to a
ruling on 14 September 2009 upheld on 19 July this year, for disclosing the Tribunal’s legal reasoning
in her book “Peace and Punishment: The Secret Wars of Politics and International Justice ”.
On 16 November this year, the Tribunal issued a warrant for the journalist’s arrest, even though the
amount of the fine had been deposited in a bank account.
Ms Hartmann has no legal recourse to contest either the decision itself or the warrant. She lives under
the threat of arrest, is unable to travel and can no longer practise her profession as a journalist.
The Tribunal accuses Ms Hartmann of having mentioned two decisions by the appeals chamber as
part of the trial of former Serbian President Slobodan Milosevic, which allegedly implicate the Serbian
government in the 1995 Srebrenica massacre.
However, by investigating this matter of public interest, which is of particular importance for the victims
of the massacre and the search for historical truth, the journalist was only carrying out her duty to
inform.
It is the duty of the press to highlight how this internationally created system of justice works, to
question its procedures and to stimulate public discussion.
The procedure used by the Tribunal, like its final decision, are unworthy of an international court –
which must act in an exemplary fashion as far as fundamental rights are concerned -- and requires
swift intervention on your part.
Ms. Hartmann’s appeal submission alleged the judgment was not consistent with the principles of
freedom of expression as recognized by the European Court of Human rights.
However, the Tribunal referred to its own standards regarding freedom of expression and, quoting the
case of Croatian journalist Josip Jovic as a precedent, said the appeals chamber was not bound by
decisions of the European Court of Human rights.
The judges in The Hague did not seek to balance the subject dealt with by Ms. Hartmann, which is
indisputably of public interest, against the reasonable grounds of defending the work and
independence of the legal system.
Furthermore, the penalty in the form of a 7,000-euro fine converted into a seven-day prison term, is
entirely disproportionate. The issuance of an arrest warrant for alleged abuse of freedom of
expression, in this case contempt of court, is particularly disgraceful and inappropriate.
Beyond the Hartmann case itself, the decision to penalise criticism of an international tribunal is a
dangerous precedent for all those working in the media.
The Tribunal’s 2002 ruling in the case of former Washington Post journalist Jonathan Randal – a
landmark decision protecting the confidentiality of a war reporter’s sources – showed that a precedent
set by an international tribunal can be a source of inspiration for courts, and indeed for national
legislators.
The court’s reasoning is intended to justify that, in certain individual cases, a journalist’s right of
scrutiny may be disregarded. The ruling could be used as a legal basis by countries wishing to silence
journalists deemed to have too much curiosity where sensitive judicial inquiries are concerned.
Reporters Without Borders fears that this backward step in the history of freedom of expression will
have permanent repercussions. This danger is all the greater since it is not the first time that the
International Criminal Tribunal for the Former Yugoslavia has singled out journalists.
In 2006 and 2007, our organization criticized legal proceedings against Croatian journalists, some of
whom were sentenced to fines and imprisonment.
A halt must be called to these dangerous actions against journalists.
For the reasons given above, Reporters Without Borders asks you and your OSCE colleague to take
an official position and undertake the following:
- Issue a reminder that journalists are legitimately entitled to protection when they contribute to the
discussion of a matter of public interest. It must be stressed that this protection should be even
greater where this concerns international justice, even if confidential documents are used.
- Remind international courts that they are subject to international norms, especially those concerning
freedom of expression.
- Condemn the contempt of court procedure, set up by the court itself (rule 77a of the regulations of
the International Criminal Tribunal for the Former Yugoslavia), as a violation of article 10 of the
European Court of Human rights and article 19 of the Universal Declaration of Human Rights.
- Ask the president of the Tribunal to review its decision based on international standards and to
ensure the court’s composition guarantees its impartiality and independence.
- Condemn the use of an arrest warrant to penalize a matter arising from the exercise of freedom of
expression and freedom of information.
Thank you for your consideration of this matter.
Please accept my sincere good wishes.

Jean-François Julliard
Secretary-General, Reporters Without Borders

Attachments:
- Reporters Without Borders press releases on the Hartmann case:
http://en.rsf.org/pages-from-journalist-s-book-that-09-06-2009,33360.html
http://en.rsf.org/netherlands-free-expression-hangs-on-outcome-08-07-2009,33748.html
http://en.rsf.org/netherlands-by-convicting-former-journalist-15-09-2009,34456.html
http://en.rsf.org/arrest-warrant-against-ex-17-11-2011,41415.html
- Reporters Without Borders press releases on the proceedings against Croatian journalists:
http://en.rsf.org/croatia-hague-court-to-question-eight-09-11-2007,24315.html
http://en.rsf.org/croatia-disturbing-precedent-seen-in-20-06-2007,22625.html
http://en.rsf.org/croatia-journalist-is-freed-flies-to-the-14-10-2005,15230.html
- Note for Reporters Without Borders by Thierry Cruvellier on contempt of court published on 10 July
2006:
http://www.rsf.org/IMG/pdf/rapport_gb.pdf
http://en.rsf.org/croatia-report-on-rwanda-tribunal-s-31-08-2006,18730.html

Yesterday, Wednesday, November 16 the Appeals Chamber of the ICTY stated: "It is hereby ordered to the French Republic to seek,  arrest, imprison and defer quickly to the tribunal Florence Hartmann, whose fine of 7000 euros was transformed into a sentence of seven days in jail. "

In doing so, the Tribunal, which had no other way to enforce the sentence, agreed to come and act on the in the judiciary and national field. This will give Florence an opportunity to appeal before an impartial body: The European Court of Human Rights.

That's what was indicated Pierre Bénazet this morning on France Inter and Florence Hartmann confirmed in a statement to AFP: "If a measure was taken that would constitute a further violation of my rights, I would sue the country that is responsible. "