Dragan Jokic Convicted for contempt 27 Mar 2009
The ICTY has found Dragan Jokic guilty of contempt of the Tribunal, sentencing him to 4 months' imprisonment consecutive to the sentence currently in progress.

On Friday 17 March  2009, Trial Chamber III of the International Criminal Tribunal for the former Yugoslavia (ICTY) rendered a guilty verdict against Dragan Jokić for contempt of court, stating that he persistently refuses to testify in the case Prosecutor v. Vujadin Popović et al. without reasonable excuse and willfully and knowingly impeding the due administration of justice. The Chamber therefore sentenced Jokić to 4 months' imprisonment consecutive to the nine-year sentence he is currently serving.

Dragan Jokić was called to testify in the case Popović et al. as a Prosecution witness. On 31 October and 1 November 2007, he refused to testify before the Tribunal. A confidential submission of 31 October 2007 by Counsel for Jokić detailed the reasons for his refusal to testify.

Consequently, the Trial Chamber considered that there were sufficient grounds to proceed against the accused for contempt and issued an order in lieu of an indictment, declaring that it would prosecute the matter against Dragan Jokić itself.

On 1 November 2007, the Trial Chamber issued an order initiating contempt proceedings pursuant to Rule 77 of the Rules of Procedure and Evidence. In accordance with Rule 77 of its Rules, the Tribunal can conduct proceedings for contempt of the Tribunal since it possesses the inherent power to deal with conduct interfering with the administration of justice. Under Rule 77 (C) (iii) of the Tribunal’s Rules a Trial Chamber may initiate contempt proceedings on its own behalf. Those who knowingly and willfully interfere with the Tribunal’s administration of justice in such a way may, therefore, be held in contempt of the Tribunal.

An initial appearance was held on 19 November 2007 before Trial Chamber II, consisting of Judge Carmel Agius (presiding), Judge O-Gon Kwon, Judge Kimberly Prost, and Judge Ole Bjorn Stole (reserve judge). Jokić pleaded not guilty to the charge against him. On 10 December 2007, proceedings took place in which two Defence witnesses were heard. On 15 December 2008, the Defence examined an expert appointed by the Chamber.

Dragan Jokic was convicted of aiding and abetting extermination, persecutions on political, racial and religious grounds and murder for acts committed while being Chief of Engineering of the Zvornik Brigade of the VRS who were operating in the Bratunac and Zornik municipalities in the eastern region of Bosnia and Herzegovina. He was sentenced to nine years’ imprisonment on 17 January 2005. His sentence was affirmed by the Appeals Chamber on 9 May 2007. He was transferred to Austria to serve his sentence.

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Summary of judgment
27 March 2009

Order In Lieu of Indictment
1 November 2007

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