Referral of Stanisic and Simatovic Case to Serbia Requested

Stanisic, the former chief of the State Security Service of Serbia, and his former assistant Simatovic, have been charged with committing war crimes against Bosniaks and Croats in Croatia and Bosnia and Herzegovina.

According to the indictment, Stanisic and Simatovic have been charged with persecution on racial, religious and political grounds, as well as the murder, deportation and forcible resettlement of Croat and Bosniak civilians.

At today’s hearing, Hague prosecutor Mathias Marcussen said he might submit a summary of evidence against the defendants as well as a list of witnesses during the summer break in August. Stanisic’s British defense attorney Wayne Jordash objected, arguing that the retrial might be more complicated than the first instance trial and that the defense needed more time.

“It would be best for us if the trial started in February or March of next year,” Jordash said.

Simatovic’s attorney, Vladimir Petrovic, agreed with Jordash. He said that “thousands of pieces of evidence” presented at the trials of Radovan Karadzic, Ratko Mladic and Goran Hadzic from their very beginnings were of key importance for the retrial of Stanisic and Simatovic.

Both defense attorneys said they couldn’t begin preparations for the trial until the prosecutors had revealed what their new case against Stanisic and Simatovic would be based upon.

Judge Burton Hall didn’t specify when the trial might begin, but called on both parties to agree on indisputable facts prior to the beginning of the retrial.

Jordash said he would soon request that the chamber reassess whether Stanisic was capable of standing trial at all, considering the fact that he suffers from a chronic stomach disease and depression. The state of his health was determined by expert witnesses during the first instance trial.

Jordash said if the court once again determined that Stanisic was capable of standing trial, the defense might request that he remain in Serbia, where he was living in provisional liberty, during the course of the trial.

Simatovic’s defense denied the jurisdiction of the Mechanism for International Criminal Tribunals as the legal successor of the Hague Tribunal for his client’s trial. He said his client didn’t belong among high level officials whom the Mechanism, according to its own Rulebook, could try.

In the same motion, the defense suggested that the case against Simatovic be referred to judicial bodies in Serbia.

Judge Hall announced he would make a decision concerning the motion in the near future.

On December 15, the appeals chamber of the Hague Tribunal revoked a first instance verdict which acquitted Stanisic and Simatovic of charges, and ordered a retrial.

Following their acquittal, Stanisic and Simatovic were released on May 30, 2013, and returned to Serbia. They came back in order to attend the pronouncement of the second instance verdict on December 15, 2015. They were released again on December 23, 2015 .

Stanisic and Simatovic were arrested during the “Sablja” operation, after the murder of Serbian Prime Minister Zoran Djindjic on March 12, 2003.