Jovica Stanisic i Franko Simatovic

The witness whose identity is protected and who goes by the pseudonym CW-1 was expected to give evidence at the trial of the two former chiefs of the Serbian State Security Service, Jovica Stanisic and Franko Simatovic, last week. He was called by the Trial Chamber. However, his evidence was cancelled and the Trial Chamber today provided reasons in its decision on the matter.

When a decision was made to examine the witness, the ICTY Registrar was ordered to appoint a legal representative to advise him in respect of potentially ‘self-incriminating’ answers. Protected witness CW-1 has been indicted for war crimes in the former Yugoslavia from 1991 to 1993 and is currently in jail, awaiting extradition to the country where he is to face trial. The decision revealed that the witness would have testified via video link from the country of his current residence.

Based on the information obtained from the assigned legal counsel, the Trial Chamber ‘could reasonably expect’ that the witness would refuse to testify via video link and would exercise his right not to answer potentially incriminating questions. As the judges said, the witness’s evidence would be ‘to a significant extent limited’ and the decision was made not to call him to testify in light of the fact that his evidence was ‘not necessary’ for their judgment. The effort to examine the witness would lead to unnecessary delays in the trial and would incur additional costs, and the judges concluded that ‘it is not in the interest of justice’ to take further steps in that direction. The judges stressed in their decision that the prosecution and the defense had had the chance to call this witness during their cases but they didn’t do it.

Jovica Stanisic and Franko Simatovic are on trial for their part in the joint criminal enterprise aimed at ethnically cleansing large areas in Croatia and BH from 1991 to 1995. According to the indictment, Stanisic and Simatovic established, equipped, trained, armed and controlled units involved in the war crimes against non-Serb civilians as part of this enterprise. The units included the Knin specials, run by Captain Dragan Vasiljkovic, the Red Berets unit, Arkan’s Tigers, the Scorpions and many others.

Out of the many war crime suspects awaiting extradition to BH, Serbia or Croatia in prisons worldwide, Captain Dragan is definitely the most relevant for Stanisic’s and Simatovic’s case. He is currently in an Australian jail, awaiting extradition to Croatia. During the trial of the former Serbian State Security Service chiefs, Captain Dragan’s name and his misdeeds were mentioned a number of times, but whether he really is CW-1 will remain a secret.

The closing arguments at the trial of Jovica Stanisic and Franko Simatovic are to be presented from 9 to 11 October 2012.

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