The Trial Chamber ruled today with a majority of votes that Jovica Stanisic, former chief of the Serbian state security service, was fit for trial. The decision was reached after the judges heard Dutch psychiatrist Josef De Man who found that Stanisic suffered from ‘a depression with elements of psychosis’. A new trial date and the way in which the trial will proceed will be set tomorrow


After hearing Dutch psychiatrist Josef De Man, the Trial Chamber in Jovica Stanisic and Franko Simatovic case ruled with the majority of votes that there was no need to review its 10 March 2008 decision, where the Trial Chamber concluded that Jovica Stanisic was able to stand trial. Judge Pedro David from Argentina and French judge Michelle Picard voted for this decision, while Jamaican judge Patrick Robinson from Jamaica was against.

The key factor in the Trial Chamber’s decision was the conclusion of all the doctors who had previously examined Stanisic that ‘his cognitive functions were not disrupted by the depression’ he suffered from. Dr De Man’s report, however, stated that Stanisic’s depression was accompanied by psychosis and hallucinations, which is why the Trial Chamber decided to hear the Dutch psychiatrist today.

In the first part of today’s hearing, De Man noted that in his opinion Stanisic was able to understand the nature of the charges brought against him and the consequences of possible conviction. At this moment, however, Stanisic is not able to give instructions to his defense or to testify in his own defense if the need arises. Because of his depression and suicidal thoughts, De Man said, the accused ‘doesn’t have the necessary concentration’ while ‘his cognitive ability is disrupted’. The Dutch psychiatrist concluded that ‘the trial would have a negative effect of Stanisic’ at this moment because he is ‘too sick to be in court’.

The Trial Chamber will tomorrow render its written decision on the way in which the trial is to proceed and when it will start. Stanisic and Simatovic are on trial for crimes committed by the Serbian police and paramilitary troops in Croatia and BH.

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