As Jovica Stanisic failed to appear today in the courtroom ‘because of urological problems and severe depression’, the beginning of the trial of two former chiefs of Serbian state security was postponed once again. The parties are supposed to give their position on various options for the trial put forward by the presiding judge


Jovica Stanisic, former chief of Serbian State Security Service, failed to appear in the courtroom for the third time in the past three weeks at the scheduled opening of the trial for the crimes committed in Croatia and BH by the members of Serbian police and paramilitary units. Franko Simatovic, former commander of the Special Operations Unit, faces the same charges.

Despite the position of Stanisic’s Dutch defense counsel Knoops to discuss the health issues of his client only in closed sessions, presiding judge Patrick Robinson read out two medical reports to the Trial Chamber noting that ‘in this case, the health of the accused is an important matter of public interest’.

The report drafted by Dr Falke, the UN Detention Unit physician, notes that Stanisic was rushed to a hospital in The Hague on Thursday, 27 March 2008, ‘for acute problems with a kidney stone’. After he was examined by an urologist, Stanisic was taken back to the detention unit hospital where he will remain, according to Dr Falke, at least seven days.

The presiding judge read the report of psychiatrist DeMann who examined Stanisic in the detention unit hospital at the request of the Trial Chamber. His preliminary findings show that Stanisic ‘suffers from severe depression with elements of psychosis’. He is therefore not able to stand trial. Despite the fact that Stanisic’s treatment was adjusted with good results, the psychiatrist assesses that the accused would not be able to attend hearings at least for next three months and perhaps even for as long as six months.

[IMAGE]3315[/IMAGE]As Stanisic is not the only accused in this case, the Trial Chamber noted there were several options in this case, ‘in the interest of justice and the right of the other accused to an expeditious trial’. In the judges’ opinion, the most radical solution would be to sever the indictments, which would lead to separate trials, first that of Simatovic and then that of Stanisic if and when he gets better. Another option is for the trial to remain in pre-trial stage, in which case the Trial Chamber could be re-assigned to hear another case. The third option put forward by the judges, is a new series of specialist examination to confirm if the accused could stand trial. The fourth solution is for the trial to proceed via video link from the UN Detention Unit with Stanisic following the trial from the cell. The last option, the judges said, is for the trial to start on 7 April, based on the previous conclusion of the Chamber that Stanisic is fit for trial. The accused should leave the detention unit hospital by then.

The presiding judge called on both parties to prepare their arguments on the options put forward by the judge or any other options for the proceedings to continue.

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