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  1. #1

    Default UN court slaps indictment ban on Mladic defence team

    http://www.expatica.com/nl/news/dutc...am_158718.html



    Why? Why does a court of the free world need to hide like this? This reminds me of Milosevic's trial where they would have a TV and a blurred out face spew out all sorts of claims. But how do you counter argue these sort of tactic? These are the sort of tactics the ICTY falls back on.
    "Mors Certa, Hora Incerta."

    "We are a brave people of a warrior race, descendants of the illustrious Romans, who made the world tremor. And in this way we will make it known to the whole world that we are true Romans and their descendants, and our name will never die and we will make proud the memories of our parents." ~ Despot Voda 1561

    "The emperor Trajan, after conquering this country, divided it among his soldiers and made it into a Roman colony, so that these Romanians are descendants, as it is said, of these ancient colonists, and they preserve the name of the Romans." ~ 1532, Francesco della Valle Secretary of Aloisio Gritti, a natural son to Doge

  2. #2

    Default Re: UN court slaps indictment ban on Mladic defence team

    I don't see the problem. It's fairly common for important cases with great public interest for the media to be gagged until the case has completed. It doesn't affect the defendant's case so I don't see the issue.

  3. #3

    Default Re: UN court slaps indictment ban on Mladic defence team

    What would be the issue?
    "Mors Certa, Hora Incerta."

    "We are a brave people of a warrior race, descendants of the illustrious Romans, who made the world tremor. And in this way we will make it known to the whole world that we are true Romans and their descendants, and our name will never die and we will make proud the memories of our parents." ~ Despot Voda 1561

    "The emperor Trajan, after conquering this country, divided it among his soldiers and made it into a Roman colony, so that these Romanians are descendants, as it is said, of these ancient colonists, and they preserve the name of the Romans." ~ 1532, Francesco della Valle Secretary of Aloisio Gritti, a natural son to Doge

  4. #4
    priam11's Avatar Campidoctor
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    Default Re: UN court slaps indictment ban on Mladic defence team

    Witness tampering, intimidation, assignation would be a few reasons that come to mind. It could be directly by the indicted party or those that sympathize with their plight and or cause.

    Since the courts do this for every case they deal with, this is not anything out of the ordinary.
    "Tell people that there's an invisible man in the sky who created the universe, and the vast majority will believe you.
    Tell them the paint is wet, and they have to touch it to be sure."
    -George Carlin

  5. #5

    Default Re: UN court slaps indictment ban on Mladic defence team

    Quote Originally Posted by Carpathian Wolf View Post
    What would be the issue?

    witness intimidation, witness assassination, tampering with evidence etc... this is called 'sub judice' (under judgement) and in UK law means that reporting on a case as it is under way is restricted. (once judgement has been made all bets are off unless specifically prohibited [i.e witness IDs in serious and organised crime/terrorism cases may remain protected to prevent revenge attacks.) It's why British news reports can be full off Miss X and Mr C references about witnesses

  6. #6

    Default Re: UN court slaps indictment ban on Mladic defence team

    It really doesn't make sense. So I can call up the Hague and say "I was there and under his orders I killed 87 people and he made me do it." And I would get a full flight to the Hague to testify this under mask and what could be argued? Do you know the hundreds....HUNDREDS of "witnesses" they bring in for these cases?
    "Mors Certa, Hora Incerta."

    "We are a brave people of a warrior race, descendants of the illustrious Romans, who made the world tremor. And in this way we will make it known to the whole world that we are true Romans and their descendants, and our name will never die and we will make proud the memories of our parents." ~ Despot Voda 1561

    "The emperor Trajan, after conquering this country, divided it among his soldiers and made it into a Roman colony, so that these Romanians are descendants, as it is said, of these ancient colonists, and they preserve the name of the Romans." ~ 1532, Francesco della Valle Secretary of Aloisio Gritti, a natural son to Doge

  7. #7
    Haldred's Avatar Semisalis
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    Default Re: UN court slaps indictment ban on Mladic defence team

    Quote Originally Posted by Carpathian Wolf View Post
    It really doesn't make sense. So I can call up the Hague and say "I was there and under his orders I killed 87 people and he made me do it." And I would get a full flight to the Hague to testify this under mask and what could be argued? Do you know the hundreds....HUNDREDS of "witnesses" they bring in for these cases?
    I always suspected you were there and did that, and now I have the proof. Quick, what's the Hague's Phone number?


  8. #8

    Default Re: UN court slaps indictment ban on Mladic defence team

    Quote Originally Posted by Haldred View Post
    I always suspected you were there and did that, and now I have the proof. Quick, what's the Hague's Phone number?
    Actually I pretty much paraphrased Dragan Vasiljkovic's argument when he testified in the Hague in Milosevic's trial.
    "Mors Certa, Hora Incerta."

    "We are a brave people of a warrior race, descendants of the illustrious Romans, who made the world tremor. And in this way we will make it known to the whole world that we are true Romans and their descendants, and our name will never die and we will make proud the memories of our parents." ~ Despot Voda 1561

    "The emperor Trajan, after conquering this country, divided it among his soldiers and made it into a Roman colony, so that these Romanians are descendants, as it is said, of these ancient colonists, and they preserve the name of the Romans." ~ 1532, Francesco della Valle Secretary of Aloisio Gritti, a natural son to Doge

  9. #9

    Default Re: UN court slaps indictment ban on Mladic defence team

    Quote Originally Posted by Carpathian Wolf View Post
    It really doesn't make sense. So I can call up the Hague and say "I was there and under his orders I killed 87 people and he made me do it." And I would get a full flight to the Hague to testify this under mask and what could be argued? Do you know the hundreds....HUNDREDS of "witnesses" they bring in for these cases?
    I dont see how this being public would prevent that, or prevent the defense for asking for verification
    Quote Originally Posted by Carpathian Wolf View Post
    Actually I pretty much paraphrased Dragan Vasiljkovic's argument when he testified in the Hague in Milosevic's trial.
    Well if you believe that why do you still post on it? If its already decided an indictment wont matter.



  10. #10

    Default Re: UN court slaps indictment ban on Mladic defence team

    CW nobody is going to stop the defence arguing against anything like that.

  11. #11

    Default Re: UN court slaps indictment ban on Mladic defence team

    Quote Originally Posted by Ferrets54 View Post
    CW nobody is going to stop the defence arguing against anything like that.
    But does it really matter when the conclusion has already been made?
    "Mors Certa, Hora Incerta."

    "We are a brave people of a warrior race, descendants of the illustrious Romans, who made the world tremor. And in this way we will make it known to the whole world that we are true Romans and their descendants, and our name will never die and we will make proud the memories of our parents." ~ Despot Voda 1561

    "The emperor Trajan, after conquering this country, divided it among his soldiers and made it into a Roman colony, so that these Romanians are descendants, as it is said, of these ancient colonists, and they preserve the name of the Romans." ~ 1532, Francesco della Valle Secretary of Aloisio Gritti, a natural son to Doge

  12. #12
    priam11's Avatar Campidoctor
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    Default Re: UN court slaps indictment ban on Mladic defence team

    Quote Originally Posted by Carpathian Wolf View Post
    But does it really matter when the conclusion has already been made?
    If you truely believe that then, why all the fuss regarding bans that the court does on every case they handle.
    "Tell people that there's an invisible man in the sky who created the universe, and the vast majority will believe you.
    Tell them the paint is wet, and they have to touch it to be sure."
    -George Carlin

  13. #13

    Default Re: UN court slaps indictment ban on Mladic defence team

    The conclusion has not already been made.

  14. #14

    Default Re: UN court slaps indictment ban on Mladic defence team

    In the US, it is not uncommon to have sealed indictment either.
    Have a question about China? Get your answer here.

  15. #15

    Default Re: UN court slaps indictment ban on Mladic defence team

    Quote Originally Posted by Ferrets54 View Post
    The conclusion has not already been made.
    Really? Speaking with you I get a very different vibe.

    Quote Originally Posted by priam11 View Post
    If you truely believe that then, why all the fuss regarding bans that the court does on every case they handle.
    I do. I don't think these tactics are right at all.

    Quote Originally Posted by charles the hammer View Post
    I dont see how this being public would prevent that, or prevent the defense for asking for verification

    Well if you believe that why do you still post on it? If its already decided an indictment wont matter.
    Actually in the Milosevic trial the defense wasn't allow to find out who was testifying against them. They had a TV with a blurred out face claiming such and such thing against him.

    Why do any of us post anything here? Us discussing doesn't change it.

    Quote Originally Posted by bushbush View Post
    In the US, it is not uncommon to have sealed indictment either.
    But would you say everyone has to follow the US model?
    "Mors Certa, Hora Incerta."

    "We are a brave people of a warrior race, descendants of the illustrious Romans, who made the world tremor. And in this way we will make it known to the whole world that we are true Romans and their descendants, and our name will never die and we will make proud the memories of our parents." ~ Despot Voda 1561

    "The emperor Trajan, after conquering this country, divided it among his soldiers and made it into a Roman colony, so that these Romanians are descendants, as it is said, of these ancient colonists, and they preserve the name of the Romans." ~ 1532, Francesco della Valle Secretary of Aloisio Gritti, a natural son to Doge

  16. #16

    Default Re: UN court slaps indictment ban on Mladic defence team

    An indictment is just list of accusations being made by the prosecution to secure an arrest. The actual charges and evidence supporting them will be fleshed out in the trial and will be part of the public record.

    The ICTY has actually withdrawn several inictments, which in part explains why they keep indictments sealed. In such a sensative situation they don't want accusations and unsubstantiated evidence leaking about before they can be evaluated properly in a court during a trial.

    The UN court investigating the Hariri assassination has done the exact same thing. Nobody knows what the indictment contains because it was ordered sealed by the Court.
    Last edited by Sphere; June 29, 2011 at 03:38 PM.

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