14 October 2010 Karadzic case: Registrar’s decision restricted accused's right to freedom of expression
Yesterday, the President of the ICTY found Deputy Registrar’s decision,
denying a Karadžić’s request for media contact, an unjustified
restriction of Karadžić’s right to freedom of expression.
In his request to the Registrar, Karadžić had sought permission to contact a journalist and editor of the Austrian magazine "Profil" by way of written responses to questions. The Registrar denied publication of one of the Karadžić’s responses on the basis that it “unfairly and incorrectly misrepresents the work of the Office of the Prosecutor of the ICTY.” Indeed, pursuant to Rule 64 bis(B)(ii) of the ICTY Rules of Detention, the Registrar may deny a detainee contact the media if such contact could interfere with the administration of justice or otherwise undermine the Tribunal's mandate. In this particular case, however, the ICTY President found that the Deputy Registrar’s decision was unreasonable and thus amounted to an unjustified restriction of Karadžić’s right to freedom of expression. The President noted that the Deputy Registrar failed to specify how the response, which contained the accused’s personal opinion alleging bias on the part of the OTP, could either interfere with the administration of justice or otherwise undermine the mandate of the Tribunal. The President emphasised that the mere fact that the Deputy Registrar disagrees with the accused’s opinion, without more, does not provide an adequate basis for curtailing Karadžić’s right to freedom of expression. According to the President, no reasonable person who has properly applied his mind to the issue, could arrive at the conclusion that the publication of Karadžić’s subjective view alleging bias on the part of the OTP and a general lack of impartiality in its conduct of investigations, could interfere with the administration of justice or otherwise undermine the Tribunal’s mandate. Karadžić, Decision on Request for Reversal of Limitations of Contact with Journalist: Profil Magazine, Case No. IT-95-5/18-T, President of the ICTY, 11 October 2010. 
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