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Press Release
. Communiqué de presse
(Exclusively for the use of the media. Not an official document)
The
Hague, 6 May 2003
JL/P.I.S./749-e
JOVICA
STANISIC AND FRANKO SIMATOVIC INDICTED BY THE ICTY FOR CRIMES AGAINST HUMANITY
AND WAR CRIMES
On Thursday 1
May 2003, Judge Carmel Agius confirmed an Indictment against Jovica Stanisic
and Franko Simatovic.
The Accused
According
to the Indictment, Jovica Stanisic was born on 30 July 1950 in Ratkovo in the
Autonomous Province of Vojvodina, Republic of Serbia. He commenced work in the
State Security Service ("DB") of the Ministry of Internal Affairs
of the Republic of Serbia in 1975. He held the position of Deputy Head of the
DB throughout 1991 and was de facto head of the DB until his formal appointment
to the position of Head or Chief of the DB from 31 December 1991 to 27 October
1998.
The Indictment
alleges that Franko Simatovic, also known as "Frenki", was born on
1 April 1950 in Belgrade, Republic of Serbia. He commenced work with the DB
in 1978 and worked in various roles until 2001. During the time relevant to
the Indictment he initially worked in counter intelligence and then moved into
a newly formed Intelligence Administration (or Second Administration) of the
DB and as such was the commander of the Special Operations Unit of the DB.
Joint Criminal
Enterprise
According
to the Indictment, Jovica Stanisic and Franko Simatovic participated in a joint
criminal enterprise, the objective of which was the forcible and permanent removal
of the majority of non-Serbs, principally Croats, Bosnian Muslims and Bosnian
Croats, from large areas of Croatia and Bosnia and Herzegovina (BiH). The joint
criminal enterprise was in existence no later than 1 August 1991 and continued
until at least 31 December 1995.
The Indictment
further states that Jovica Stanisic and Franko Simatovic, acting individually
and/or in concert with other members of the joint criminal enterprise participated
in the joint criminal enterprise in the following ways:
- "They
participated in the formation, financing, supply and support of special units
of the Republic of Serbia DB;
- They directed
members and agents of the DB who participated in the perpetration of the crimes
in the Indictment:
- They provided
arms, funds, training, logistical support and other substantial assistance
or support to special units of the Republic of Serbia DB that were involved
in the commission of crimes in Croatia and BiH between 1 August 1991 and 31
December 1995".
Factual
Allegations
The
Indictment alleges that "from or on about 1 April 1991 until 31 December
1995, Jovica Stanisic and Franko Simatovic, acting alone or in concert
with members of the joint criminal enterprise, planned, ordered, committed or
otherwise aided and abetted the planning, preparation or execution of persecutions
of Croats, Bosnian Muslims and Bosnian Croats and other non-Serbs"
within the so-called ‘Serbian Autonomous Districts of Krajina and of Slavonia,
Baranja and Western Srem (SBWS)’ and territories in BiH including, but not limited
to, the municipalities of Bijeljina, Bosanski Samac, Doboj, Mrkonjic Grad, Sanski
Most and Zvornik.
In addition, the
Indictment states that the persecutions were committed on the discriminatory
grounds of political affiliation, race or religion and included the murder,
forcible transfer and deportation of Croats, Bosnian Muslims, Bosnian Croats
and other non-Serbs as listed in the Indictment.
The Charges
The
Indictment charges Jovica Stanisic and Franko Simatovic on the basis of their
individual criminal responsibility (Article 7(1) of the Statute) with:
- Four counts
of crimes against humanity (Article 5 of the Statute – persecutions on political
racial or religious grounds; murder; deportation; inhumane acts (forcible
transfer)), and
- One count of
violations of the laws or customs of war (Article 3 of the Statute – murder)
*****
Full
text of the Indictment in English
and French
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