A few days ago, the English version of the Trial Chamber's decision on the Seselj's motion for contempt against Carla Del Ponte and some other members of the Prosecution was posted on the ICTY website.
The Chamber, on the basis of Amicus Curiae report, concluded that there was not sufficient grounds to instigate proceedings for contempt.
In his separate opinion, judge Antonetti expressed his "great regret" that, because of the Tribunal's practice of secret decisions, he had to cut certain parts of his opinion, thus not allowing the public to know his entire argument.
In this regard, the judge took the opportunity to join the critics of the ICTY practice of “secret” decisions in general and the ICTY proceeding against Florence Hartmann on the contempt case in particular.
In his separate opinion, the judge, in particular, states: "I am unhappy that our decisions are of a confidential ex parte or confidential nature, because I come from a legal system where there are no confidential decisions and even fewer secret ones, as the overarching principle is adversarial. Since it was set up, the ICTY has operated on this system, which has surprised many."The judge further quotes a letter published in Le Monde, where a group of authors urged the French Government to deny ICTY request for the Hartmann’s arrest. According to the letter, quoted by the judge, “the proceedings developed by the ICTY call more to mind the trials conducted by totalitarian regimes ...” After the quotation, the judge adds - “I personally cannot espouse a scheme described as a trial of a “totalitarian regime”.
The presiding judge also strongly criticises the methods and quality of the Amicus investigation. In this regard, he recalls that his “first instinct” was to recommend as the Amicus “someone like Judge Garzón”.
Šešelj, Decision on Vojislav Šešelj’s Motion for Contempt against Carla Del Ponte, Hildegard Uertz-Retzlaff and Daniel Saxon and on the Subsequent Requests of the Prosecution, Case No. IT-03-67-T, T. Ch., 22 December 2011