Although the former chief of the Serbian state security told the judges he didn’t feel well enough to come to the courtroom, that he didn’t want to follow the trial via video link and that he didn’t want to waive his right to attend the trial, the Trial Chamber rejected the defense request for the suspension of trial, ordering the prosecution to start calling evidence


Jovica Stanisic, former chief of the Serbian State Security, charged together with his former deputy Franko Simatovic with crimes perpetrated by the Serb police and paramilitary forces in Croatia and BH, today said ‘no’ three times to the judges of the Tribunal in The Hague. Stanisic told the judges that he didn’t feel well, that he didn’t want to attend the trial via video link and that he didn’t waive his right to attend the trial.

Stanisic’s Dutch and British defense team today again asked for the suspension of the trial, pointing to the medical reports which in their view show that the accused suffers from a deep depression, sees his life ‘as not worth living’ and has been contemplating suicide. Stanisic, the defense contends, ‘is mentally unable’ to follow the proceedings and give instructions to his defense counsels.

The prosecution vigorously objected to the suspension of the trial, noting that medical reports the Trial Chamber received ‘do not contain anything that would indicate that Jovica Stanisic cannot participate in the trial’. On the contrary, prosecutor Doris Brehmeier Metz brought up an element in the report by an independent Dutch psychiatrist which, in her view, indicates that Stanisic may have been faking his illness and trying to manipulate his doctors. The psychiatrist observed a video recording from the Detention Unit and saw the accused moving about in his cell without any problems; at one point, the accused was seen rubbing something similar to cigarette ash under his eyes to make his eye bags look puffy and sickly gray.

Judge Orie then asked the defense counsel to produce at least one medical report from the past 12 months stating unequivocally that Jovica Stanisic was not fit to stand trial. When the defense counsel admitted that there were no such reports, the Trial Chamber rejected their motion to suspend the trial and ordered the prosecution to call its first witness.

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