Radislav Krstić Contempt of the Tribunal trial to commence on 28 May 2013
The trial in the contempt of Tribunal case of Radislav Krstić has been scheduled to commence on Tuesday, 28 May 2013 in Courtroom I following immediately the pre-trial conference which will start at 14:15.
Krstić, former Commander of the Drina Corps of the Bosnian Serb Army (VRS), was charged on 27 March 2013 with contempt of the Tribunal for failing to comply with, or to show good cause why he could not comply with, a subpoena in which he was ordered to testify in the case of Radovan Karadžić.
On 23 October 2012, the Chamber issued a Subpoena ordering Krstić to appear and testify in the Karadžić case on 15 January 2013, in response to a Motion to Subpoena issued by the Karadžić Defence. On 7 February 2013 in response to Krstić’s urgent Motion requesting the Chamber to stay the enforcement of the Subpoena on medical grounds, the Chamber ruled that Krstić’s mental and physical health was such that he was able to testify.
Following the witness’s refusal to testify on 7 February 2013, the Chamber ordered a more detailed report on the Witness’s physical and mental health. On 13 March 2013, having reviewed the medical report, the Chamber found that there were no medical reasons which would amount to good cause for the Witness not to comply with the Subpoena.
Following the Witness’s renewed refusal to testify on Monday 25 March, the Chamber issued an order in lieu of an indictment for contempt.
At his initial appearance on 4 April 2013, Krstić pleaded not guilty to the charge of contempt.
Rule 77(A) of the Tribunal’s Rules of Procedure and Evidence provides that the Tribunal may hold in contempt those who knowingly and wilfully interfere with its administration of justice, including any person who being a witness before a Chamber persistently refuses or fails to answer a question.
On 19 April 2004, Radislav Krstić was sentenced to 35 years’ imprisonment following his conviction for aiding and abetting the genocide committed at Srebrenica in July 1995.