Most Wanted Europe - Written by admin on Wednesday, April 16, 2008 7:19 - 0 Comments

Serb War Crimes Trial Postponed Again

15 April 2008 The trial of two Serb war crimes suspects has again been postponed due to a lack of technical facilities.

The trial of Jovica Stanisic, the head of Serbia’s notorious state security under the rule of late strongman Slobodan Milosevic, and his deputy Franko Simatovic is due to continue by the end of April.

The International Criminal Tribunal for the Former Yugoslavia, ICTY, based in The Hague, has indicted the two with crimes against non-Serbs in Croatia and Bosnia Herzegovina in the 1991-1995 Balkan wars.

Last week, Stanisic was declared unfit by Dutch psychiatrist Joseph de Man who said he showed “the psychotic manifestations” that follow depression.

However, based on other doctors’ opinion, the Trial Chamber ruled Stanisic was fit to stand trial from his cell and decided to establish a video and audio link between the courtroom and the cells where both accused reside, to enable them to follow the trial and communicate with their defense teams.

But on Monday, the link was not established and the trial was postponed.

In the ruling approving the video link, the Trial Chamber said the solution was provisional and that Stanisic would have to appear in the courtroom when completely fit.

“If not, he will give up the right to be present at his own trial,” the Chamber said in the ruling.

Background and Indictment

Jovica Stanisic was born on 30 July 1950 in Ratkovo in the Automomous Province of Vojvodina, Republic of Serbia. He commenced work in the State Security Service (Drzavna bedzbednost or “DB”) of the Ministry of the Internal Affairs of the Republic of Serbia (”MUP”) in 1975. He held the position of Deputy Head of the DB throughout 1991 and was de facto head of the DB until his formal appointment to the position of Chief of the DB from 31 December 1991 to 27 October 1998.

The Bill of Indictment alleges that, from or about 1 April 1991 until 31December 1995, Jovica Stanisic, acting together with Franko Simatovic, planned, ordered, committed or otherwise aided and abetted the persecution of Croats, Bosnian Muslims and Bosnian Croats in the autonomous region of Krajina, in the Croatian regions under Serbian control as well as in the municipalities in the north and east of Bosnia-Herzegovina. These persecutions were perpetrated on discriminatory grounds and included various forms such as murder, forcible transfer and deportation on non-Serb civilians.

According to the Indictment, the defendant was part of a joint criminal enterprise whose aim was the forcible and permanent removal of the majority of Muslims and non-Serbs from around one third of the territory of the Republic of Croatia and a large part of the Republic of Bosnia-Herzegovina, where it was foreseen to create a new State dominated by the Serbs. This joint criminal enterprise came into being on 1st August 1991, and is said to have gone on until 31 December 1995.

Based on the Indictment, Jovica Stanisic, acting individually and/or in concert with other members of the joint criminal enterprise, participated in this enterprise in the following ways:

1. By participating in the formation, financing, supply and support of special units of the Republic of Serbia DB and the Republic of Serbia.
2. By directing members and agents of the DB who participated in the perpetration of the crimes in this Indictment;
3. By providing arms, funds, training, logistical support and other substantial assistance or support to special units of the Republic of Serbia DB and the Republic of Serbia that were involved in the commission of crimes in Croatia and Bosnia-Herzegovina between 1 August 1991 and 31 December 1995.

Jovica Stanisic was arrested on 13 March 2003 by the Serbian authorities and transferred to the International Criminal Tribunal for the former Yugoslavia (ICTY) on 11 June 2003.



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