The defense of Jovica Stanisic, former chief of the Serbian state security service, claims the accused has both physical and mental problems, including ‘a wish to die’. The defense contends that the trial, suspended five months ago, cannot go on


Jovica Stanisic’s mental and physical health is extremely bad, and it is therefore impossible to continue his trial as the prosecution demanded in its motion, Stanisic's defense claims. Calling for the dismissal of the prosecution motion, the defense asked that Stanisic be permitted to continue his medical treatment and be given additional time for additional medical tests.

The defense contends the prosecution ‘is reading the medical evidence selectively’. The accused is not fit to follow the trial in any of the ways put forward by the court – via video link from the UN Detention Unit or from Belgrade, the defense said, adding that the proposed trial schedule with hearings held every other week is also unacceptable. The defense made it clear that the trial, if it continued now, would require regular and prolonged adjournments. Considering all that, the defense concluded, it was not possible to have an expeditious trial the prosecution insists on.

The defense notes that apart from physical conditions – pouchitis and kidney problems – the accused suffers from ‘serious mental disorders’, exhibiting signs of ‘clinical depression’. The accused ‘doesn’t repeat his intention to take his own life but a wish to die is clearly apparent”. The defense asked for more time for the psychiatric and medical examinations noting that medical tests could not be done when the prosecution said so but when Stanisic’s condition allowed it.

The trial of former chief of Serbian state security Stanisic and his assistant Franko Simatovic, for crimes perpetrated by the Serbian police and paramilitary forces in Croatia and BH, was suspended in mid-May after only three weeks. The Appeals Chamber then ruled that the trial should be adjourned for ‘at least three to six months’ because Stanisic’s health condition prevented him from effectively taking part in the trial. The Appeals Chamber also noted that the proceedings could be taken to be in the pre-trial stage.

Presiding judge Patrick Robinsons scheduled another status conference on 12 November 2008. Neither Stanisic nor Simatovic will attend it, as they have both been granted provisional release.

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