Jovica Stanisic’s ill health continues, preventing him from following the trial from the dock or from the UN Detention Unit via video conference link. Both the defense and the prosecution presented their views on the possible severing of the cases against two former chiefs of Serbian state security service


For medical reasons, Jovica Stanisic was not able to attend the hearing today. This prompted the presiding judge Patrick Robinson to call on both the defense and the prosecution to give their views of the possible severing of the case. Jovica Stanisic is indicted together with Franko Simatovic, former commander of the Special Operations Unit, for crimes committed in Croatia and BH by members of Serbian state security special units

According to prosecutor Groome, severing the case is ‘to be used as a last resort, in extreme necessity’ and that time has not come yet. The prosecution is relying on the cautiously optimistic assessment of Paulus Falke, the Detention Unit physician. In his report today, Dr Falke says there has ‘been some improvement’ in Stanisic’s mental condition. His physical condition, however, remains poor as the accused ‘has gastro-intestinal bleeding’, he has a fever and is tired. Groome believes Stanisic’s problems are ‘an isolated case’ and he is convinced the accused will feel better by next Monday. Until then the accused will be hospitalized in the Detention Unit hospital ward following Dr. Falke’s orders.

Stanisic’s defense counsel Knoops agreed with the prosecutor, saying that he is ‘not ready to suggest to the Trial Chamber to take into consideration the option of the severance’. However, in his opinion, ‘even if the depression were to disappear’, Stanisic’s medical problems ‘could only stabilize, but not be cured’. As Stanisic’s defense counsel contends, he ‘respects the right to an expeditious trial’, but he ‘cannot ignore the fact that it would take more than one week for the full recovery of the accused’. Dr Falke and psychiatrist De Mann estimated that Stanisic might recover in thee to six months.

Franko Simatovic’s defense counsel is ‘opposed to the severance of the case’. According to Zoran Jovanovic, before deciding to sever the cases, the Trial Chamber should make some other decisions; the most important is the one about Stanisic’s fitness to stand trial. On 10 March 2008, the Trial Chamber ruled that Stanisic was fit to stand trial and in April, after hearing psychiatrist DeMann, it concluded it was not necessary to revise that decision.

The trial of Jovica Stanisic and Franko Simatovic was adjourned until next Monday, 19 May 2008 when the Trial Chamber will receive a new report on the medical condition of the former chief of Serbian state security.

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