The prosecution opposes Jovica Stanisic’s motion for provisional release, noting that allowing the former Serbian State Security Service chief to travel to Belgrade may jeopardize his health and threaten the further course of the trial


The prosecution opposes the motion filed by former chief of Serbian State Security Service Jovica Stanisic for provisional release between 22 July and 24 August 2009. The prosecution argues that since the beginning of the trial on 9 June 2009 Stanisic has refused to appear both in the courtroom and in the room in the Detention Unit fitted with a video link specifically to allow Stanisic to attend his trial from there ‘for a single minute’ for health reasons. Because of the health problems, the prosecution argues, Stanisic’s motion for provisional release during the summer recess at the Tribunal should be rejected.

The prosecution reminds the Chamber that Stanisic claims he is "unable to travel 10 meters to sit in a chair" and attend the hearing via a video link from the Detention unit. On the other hand, the prosecution continued, Stanisic would like to travel ‘45 minutes from the Detention Unit to the airport; after waiting for at least one hour for his flight, Stanisic would then fly to Belgrade for hours. The medical staff of the Detention Unit was not able to establish the cause of Stanisic’s purported health problems which would prevent him from attending the trial. Even the defense, the prosecution notes, ‘concedes that certain behavior of the accused may give rise to the inference of malingering’.

The prosecution motion also notes that, if Stanisic were to be released provisionally, he would be treated by the same doctors from the Military Medical Academy in Belgrade who took care of him in 2008 when he was in Belgrade. The prosecution reminds the Chamber that the treatment was found to be ‘suboptimal and incomplete’. In the view of the prosecution, the medical care provided to the accused in the Detention Unit is ‘optimal’ and the Trial Chamber is receiving regular reports on Stanisic’s condition. This is why, the prosecution concludes, ‘there is no reason to disturb the current treatment or to risk any deterioration to the health of the accused’.

Without the structured reporting and approved treatment currently in place, provisional release jeopardizes the continuation of the trial. Provisional release represents ‘substantial risk’ to the continuation of the proceedings, the prosecution claims, urging the Trial Chamber to reject Stanisic’s request.

The trail of Jovica Stanisic and his former assistant Franko Simatovic was supposed to continue today but after last week’s reproach by presiding judge Orie, the defense counsel decided not to cross-examine the witnesses who were to give evidence this week. The defense did not object to the admission of their statements and transcripts of their previous testimony under Rule 92 bis. The hearings scheduled for Monday and Tuesday are cancelled and the trial of the former Serbian State Security Service will continue after the summer recess.

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