In its motion filed today the prosecution asks the Trial Chamber to reevaluate Jovica Stanisic’s health and decide to re-commence the trial, suspended five months ago ‘to a period of at least three months’. Stanisic might take part in the trial in the courtroom, from the UN Detention Unit or even from Belgrade via video link, prosecution notes


Five months after the trial was suspended the prosecutor called the Trial Chamber to reassess the health of Jovica Stanisic, former chief of the Serbian state security service, and to ensure that the trial re-commence. The Stanisic trial was suspended on 16 May 2008, less than three weeks after it started, for a period of ’at least three months’ after the Appeals Chamber ruled that Stanisic was not able to take effective part in the proceedings against him because of his ill health. Stanisic and his former deputy Franko Simatovic are charged with crimes committed by the Serbian police and paramilitary forces in Croatia and BH from 1991 to 1995.

The prosecutor suggested that the Trial Chamber should reevaluate the health of the accused, who was diagnosed with several physical and mental problems. Stanisic suffers from ulcerative colitis, osteoporosis and kidney stones and has a deep depression with elements of psychosis. The reevaluation could be done, the prosecutor maintains, on the basis of the medical documentation submitted during the five-month break or at a hearing with reevaluation as its sole purpose.

If the Trial Chamber rules that Stanisic is fit to appear in court, the prosecutor proposes that the trial continue in his presence. Alternatively, Stanisic might follow hearings and take active part in the proceedings via video link established between the Tribunal and the UN Detention Unit. Finally, as the last measure the prosecutor proposes that the former chief of Serbian state security service should follow the trial via video link from Belgrade, if the Trial Chamber decides that he still needs to be treated by Serbian doctors. If the Trial Chamber opts for the last proposal, the prosecutor suggests that Stanisic should participate in the trial from the ICTY office in Belgrade or from a Serbian court.

When the trial opened, Jovica Stanisic was given an opportunity to follow the hearings and participate actively from the UN Detention Unit; Stanisic persistently refused to appear in the room connected with the Tribunal via video link.

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