Jovica Stanisic and Franko Simatovic in the courtroom

Judge Orie’s Trial Chamber granted the motions filed by Jovica Stanisic and Franko Simatovic, former Serbian State Security Service chiefs, for provisional release until 4 October 2012. Stanisic and Simatovic will return to The Hague to appear in court for the closing arguments, scheduled to go on from 9 to 11 October 2012. Only the Trial Chamber’s decision granting provisional release to Simatovic was made public for the time being. Stanisic’s defense counsel informed the media in a brief e-mail that his client would also spend the ‘summer holidays’ in Serbia.

Stanisic and Simatovic are charged with crimes committed by the police and paramilitary units under their control against non-Serbs in Croatia and BH. The defense rested its case in late May 2012. It was indicated at that time that the Trial Chamber would call another witness but his evidence was cancelled. The prosecution and the defense may call additional evidence before the closing arguments. In that case, the accused would have to return temporarily to The Hague before returning to Serbia.

The Trial Chamber explained in its decision that Simatovic was allowed to stay in Serbia until October 2012 because he was not a flight risk and was not likely to try to tamper with witnesses, despite the prosecution’s objections. The prosecution contends that the risk of his absconding is at its ‘highest’ right now, at the end of the trial, after all the evidence has been presented and after the parties have filed their final briefs. The defense had asked the judges to provisionally release Simatovic as soon as the closing arguments are completed, but the motion was denied as ‘premature’.

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