On Tuesday 9 June 2009, the joint trial of Jovica Stanišić and Franko Simatović recommenced in Courtroom I of the International Criminal Tribunal for the former Yugoslavia (ICTY). Stanišić, former Deputy Head of the Serbian State Security Service (Državna bedzbednost or ‘DB’) and Simatović, former commander of the Special Operations Unit of DB, are accused of participating in a Joint Criminal Enterprise (JCE), the alleged purpose of which was the forced removal of non-Serbs from large areas of Bosnia and Herzegovina (BiH) and Croatia.

Stanišić and Franko Simatović are accused of ten counts of crimes against humanity and war crimes for planning, ordering, committing or otherwise aiding and abetting the forced removals.

The recommencement of trial proceedings follows the decision of Trial Chamber I on 24 April 2009 to grant a Prosecution Motion to revoke the provisional release of the accused. Both Stanišić and Simatović had been granted provisional release on 28 July 2004 after long delays in the trial due to the ill-health of Stanišić. The decision was confirmed by the Appeals Chamber on 26 June 2008.

Modalities of trial

In its Decision of 29 May 2009, the Trial Chamber set out specific modalities for the trial in order to accommodate Stanišić’s medical condition and enable him to participate in the proceedings. Hearings will be held two days a week, with a medical officer submitting a written report to the Chamber on the condition of the accused once a week. Stanišić will also be able to follow the proceedings via video-conference and a telephone line will allow him to communicate with his counsel in the Courtroom.

At the delivery of the opening statement of the Prosecution on the first day of the recommencement of the trial, Stanišić waived his right to be present at the hearing, as well as his right to participate via the video-link. The Trial Chamber also denied the Defence request to adjourn the proceedings due to Stanišić’s ill health, finding no medical reason that would disable his ability to follow the proceedings.

The opening statement of the Prosecution continued on 10 June 2009, with the presentation of evidence scheduled to begin on 29 June 2009.

Jovica Stanišić is a former close aide to Slobodan Milosević, and along with Simatović is accused of participating in the JCE alongside, among others, Milošević, Ratko Mladić and Radovan Karadžić.

Jovica Stanišić

Franko Simatović