Court Holds Witness in Contempt: Fear prevents protected witness from testifying

For the first time in the Tribunal's history, a Trial Chamber charged a witness with contempt of court for refusing to testify. When Prosecutor Geoffrey Nice called witness K-12 on Monday, June 3, 2002, the witness answered only three basic questions before stating, 'I don't want to answer that.' His agitation grew with each question, until Judge May interrupted and advised him, 'You're here to tell the truth.' K-12 responded, 'The truth is I can't testify.' Despite further prodding by the Chamber, the witness remained silent, as Milosevic smiled broadly. Judge May adjourned his testimony and cautioned him, 'You're to speak to a member of the prosecution. . . . It's your duty to tell the truth. You also should carefully review your position generally.'

When K-12 returned the next day, it appeared it was merely to formalize his refusal to testify. He answered Mr. Nice's initial questions by stating, 'Please tell the judge I have had enough of psychological processing for the last two days. Leave me alone. I'll go crazy this way. . . .' At that point, Judge May took over and advised the witness that it had the power to hold him in contempt for his refusal to answer a proper question from the prosecutor. Nevertheless, when Judge May asked him directly if he was going to answer or not, K-12 refused, 'If they cannot understand why I cannot testify, I cannot explain it to them better. If they think I am guilty of something, let them put me in jail. I can sit in jail for as long as they keep me there. I have a greater problem than being in jail.'

Judge May then charged Witness K-12 with contempt of court for refusing to answer questions. He directed the prosecutor to initiate proceedings against him and advised the witness that counsel would be appointed for him on his request. He will return to court after consultation with counsel for a hearing on the contempt. Tribunal rules set the maximum penalty for contempt at a term of imprisonment up to seven years or a fine up to 100,000 Euros ($93,000 US), or both. (Rule 77) In the meantime, the witness may still change his mind and decide to testify.

Witness K-12 is a protected witness. His identity has not been made public, pursuant to an order of the Court according to rules of the Tribunal which provide for the protection of victims and witnesses or persons related to or associated with them. While some matters were discussed in private session, K-12's testimony in chief and cross examination were to be public, while the identity and appearance of the witness remained hidden. According to the Prosecution's pretrial brief, K-12 was to testify about steps taken by the Serbian police and Yugoslav Army to hide evidence of crimes. Given his occupation as a truck driver, there is speculation that he was involved in transporting bodies from Kosovo prior to the entrance of NATO troops at the end of the war.

The prosecution has been directed to return its indictment within 28 days. If at any time witness K-12 changes his mind and decides to testify or to explain to the court in more detail why he refuses, he is to contact the Office of the Prosecutor. In the meantime, in compliance with court ordered protective measures, the Tribunal will not disclose whether he is free or in detention. Counsel was appointed for him at his request on June 5, 2002.