Stanisic & Simatovic

The reasons why French judge Michele Picard didn’t agree with the ‘isolated” analysis presented by the majority in the Trial Chamber that acquitted Jovica Stanisic and Franko Simatovic despite the evidence that the pair had established, supported and controlled the units that had committed crimes

Judge Orie’s Trial Chamber applied the principle of ‘specific direction’ from Momcilo Perisic’s appellate judgment, to acquit Jovica Stanisic and Franko Simatovic on all counts in the indictment. Stanisic and Simatovic were charged with taking part in a joint criminal enterprise aimed at ethnically cleansing large parts of Croatia and BH. The judges have found that Stanisic and Simatovic did provide assistance to the units that committed murder, deportation, forcible transfer and persecution. However according to the Trial Chamber, Stanisic’s and Simatovic’s assistance wasn’t ‘specifically directed’ towards the crimes

In its closing argument, the defense portrayed Franko Simatovic as an ordinary Serbian DB operative who was not close to other participants in the joint criminal enterprise, including his service chief, Jovica Stanisic. According to the defense, Simatovic did not command the Red Berets and had nothing to do with the crimes against non-Serbs in Croatia and BH

The defense of the former DB chief Jovica Stanisic considers that the prosecution’s demand that their client be sentenced to life is ‘a grave act’, unsupported by arguments. The defense calls for Stanisic’s release, as the evidence has shown he is a man who did not pursue Belgrade’s war policy but led peace initiatives

According to the prosecution, life in prison is the only adequate sentence for the two chiefs of Serbian State Security Service, Jovica Stanisic and Franko Simatovic. The sentence, the harshest the Tribunal can impose, is appropriate given the involvement of the units under the Serbian State Security Service’s control – the Red Berets, ‘Arkan’s men’, the Scorpions – in the crimes committed in order to implement a joint criminal enterprise aimed at the ethnic cleansing of large swathes of Croatia and BH

Jovica Stanisic’s defense has sought leave to appeal against the Trial Chamber’s decision to admit into evidence additional prosecution exhibits. Franko Simatovic’s defense announced it would submit additional evidence. This will postpone the closing arguments at the trial of the former chiefs of the Serbian State Security Service

At the request of the prosecution, 15 excerpts from Ratko Mladic's war diaries and 34 excerpts from the personnel files of the Serbian secret service staff were admitted into evidence in the case against former Serbian State Security Service chiefs. This has made it possible to schedule closing arguments, provided that the defense doesn’t file a similar request

The Trial Chamber rendered a decision to cancel the evidence of protected witness CW-1, noting that he has been indicted for war crimes in the former Yugoslavia and is currently in jail, awaiting extradition from the country of his residence to the country where he is to face trial. The Trial Chamber concluded that Witness CW-1 would likely provide ‘limited testimony; because he would probably refuse to answer any incriminating questions

The motions filed by the former Serbian State Security chiefs to spend their ‘summer holidays’ in Serbia was granted. The accused should return to The Hague immediately before the closing arguments, scheduled for 9, 10 and 11 October 2012. They may have to return to The Hague for a while during their term of provisional release

Judge Orie’s Trial Chamber ordered the parties at the administrative hearing to submit their final briefs by 21 August 2012. The closing arguments will be presented from 11 to 13 September 2012