Retrial of ex-state security chief under way

Following several postponements, the retrial of Jovica Stanišić and Franko Simatović for war crimes is due to start today at the Hague Tribunal.

Izvor: B92

Tuesday, 09.06.2009.

14:13

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Following several postponements, the retrial of Jovica Stanisic and Franko Simatovic for war crimes is due to start today at the Hague Tribunal. Stanisic, the former state security service chief, and his deputy Simatovic are accused of organizing, arming and financing secret units of Serbian state security. Retrial of ex-state security chief under way According to the indictment, these units killed, persecuted and deported Croat, Bosnian Muslim, Bosnian Croat and other non-Serb civilians from Bosnia-Herzegovina and Croatia between 1991 and 1995. The trial chamber has chosen a similar scenario to the first trial—namely, if Stanisic is unable to follow the trial he will watch it via video link from his prison cell. This option was offered to Stanisic in mid-May, which he rejected at the time. A report by prison doctors states that he is able to participate in the trial, “provided he can sit for ten minutes” or “lie in his prison bed and watch the trial via video link for up to an hour.” Stanisic’s lawyer Zoran Jovanovic told B92 that he could not confirm whether his client would be able to participate in the trial. “The chamber will undoubtedly inquire about this from the prison cell if he is not present, while the trial chamber must be kept up-to-date as regards his health and the possibility of him being present in court, or if he can follow and participate in the case from his cell—of course, with the possibility of being able to communicate with his lawyers,” Jovanovic said. The Hague prosecution has received permission to include Ratko Mladic’s war diaries, which include information on meetings with Stanisic, in evidence against the accused. However, Jovanovic said that the prosecution would not be able to use the diaries for the first six weeks of the trial. “The defense has already questioned the authenticity of the prosecution’s motion, while the prosecution’s motion even states that the entries probably come from Ratko Mladic,” he said. “So, during the trial, if the prosecution asks this to be used as evidence in the case, then we will be able to put these objections forward again, and let the trial chamber decide,” Jovanovic said. The retrial will begin with the prosecutor’s opening statement, while the first witness will be called on June 29. According to an earlier decision, the court will convene only twice a week because of Stanisic’s health, while the defendant will be under constant medical observation. The trial chamber plans to conduct the trial in three daily sessions, each lasting 75 minutes, with breaks of 30 minutes in between.

Retrial of ex-state security chief under way

According to the indictment, these units killed, persecuted and deported Croat, Bosnian Muslim, Bosnian Croat and other non-Serb civilians from Bosnia-Herzegovina and Croatia between 1991 and 1995.

The trial chamber has chosen a similar scenario to the first trial—namely, if Stanišić is unable to follow the trial he will watch it via video link from his prison cell.

This option was offered to Stanišić in mid-May, which he rejected at the time.

A report by prison doctors states that he is able to participate in the trial, “provided he can sit for ten minutes” or “lie in his prison bed and watch the trial via video link for up to an hour.”

Stanišić’s lawyer Zoran Jovanović told B92 that he could not confirm whether his client would be able to participate in the trial.

“The chamber will undoubtedly inquire about this from the prison cell if he is not present, while the trial chamber must be kept up-to-date as regards his health and the possibility of him being present in court, or if he can follow and participate in the case from his cell—of course, with the possibility of being able to communicate with his lawyers,” Jovanović said.

The Hague prosecution has received permission to include Ratko Mladić’s war diaries, which include information on meetings with Stanišić, in evidence against the accused.

However, Jovanović said that the prosecution would not be able to use the diaries for the first six weeks of the trial.

“The defense has already questioned the authenticity of the prosecution’s motion, while the prosecution’s motion even states that the entries probably come from Ratko Mladić,” he said.

“So, during the trial, if the prosecution asks this to be used as evidence in the case, then we will be able to put these objections forward again, and let the trial chamber decide,” Jovanović said.

The retrial will begin with the prosecutor’s opening statement, while the first witness will be called on June 29.

According to an earlier decision, the court will convene only twice a week because of Stanišić’s health, while the defendant will be under constant medical observation.

The trial chamber plans to conduct the trial in three daily sessions, each lasting 75 minutes, with breaks of 30 minutes in between.

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