The trial of Jovica Stanisic and Franko Simatovic has been postponed again, for the third time in the past month. In addition to Stanisic’s health problems – he is ‘still depressed’ – the Trial Chamber is facing technical difficulties in establishing the two-way video link with the UN Detention Unit. The accused should follow the trial via video link


The beginning of the trial of Jovica Stanisic and Franko Simatovic has been postponed for the third time as the ICTY Registry is still unable to establish a two-way video link between the courtroom and the UN Detention Unit. According to Trial Chamber’s decision last week, Stanisic should follow the trial via video link from the detention when he is unfit to attend the trial in court.

Doctor Falke, Stanisic’s physician in the detention unit stated in his report on Friday that Stanisic was ‘better, but still depressed’. His advice is that the accused should not ‘attend the hearings this week’. On the other hand, the ICTY Registry told the judges that it ‘will not be able to establish full video link between the courtroom and the detention unit by 28 April 2008’. Even after that, it will be impossible to show videos and documents in e-Court on the screen. The Trial Chamber therefore decided to postpone the trial until 28 April 2008.

Before deciding, the Trial Chamber heard the arguments of both sides. Lead prosecutor Groome believes that ‘the absence of the accused from the courtroom should not prevent the pre-trial conference and the opening statement of the prosecution’ as the prosecution doesn’t intend to use any video recordings and e-Court documents. Stanisic’s defense counsel Knoops noted that the ‘problem is not in watching videos but in the participation of the accused’. Stanisic again refused to give his consent for the trial to proceed in his absence, adding that he doesn’t want to use the room in the UN Detention Unit fitted with video link.

Whether the trial will actually start on 28 April 2008 will depend on what the Trial Chamber will decide on the motion filed by Simatovic’s defense counsel asking the Trial Chamber to postpone the trial for one more day because of the Orthodox Easter. The Trial Chamber will rule on that tomorrow. The prosecution is expected to respond tomorrow to the Stanisic’s defense motion seeking leave to appeal against the Trial Chamber’s decision, taken last week, finding the accused fit for trial.

Jovica Stanisic and Franko Simatovic are charged with crimes committed by members of the Serbian state security special units and paramilitary formations – including the Red Berets, Scorpions, Arkan’s soldiers and Martic’s police – in Croatia and BH from May 1991 to December 1995.

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