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Press
Release . Communiqué de presse
(Exclusively for the use of the media. Not an official document)
The
Hague, 30 May 2003
CVO/ P.I.S/ 759e
FRANKO
SIMATOVIC TRANSFERRED TO THE ICTY DETENTION UNIT
Initial
appearance to take place on Monday 2 June at 3 p.m. before Judge O-Gon Kwon
The
International Criminal Tribunal for the former Yugoslavia (ICTY) confirms that
Franko Simatovic was transferred from Serbia to the ICTY Detention Unit on Friday
30 May 2003.
Franko
Simatovic was indicted on 1 May 2003. 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 in the State Security Service (Drzavna
bedzbednost or "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, 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.
Numerous individuals
participated in this joint criminal enterprise. Each participant, by acts or
omissions, contributed to achieving the objective of the enterprise. Individuals
who participated in this joint criminal enterprise, thereby significantly furthering
the objective of the enterprise, included the accused Jovica STANISIC and Franko
SIMATOVIC, as well as Slobodan MILOSEVIC, Veljko KADIJEVIC, Blagoje ADZIC, Ratko
MLADIC; Radmilo BOGDANOVIC, Radovan STOJICIC (also known as "Bad`a", Mihalj
KERTES; Milan MARTIC, Radovan KARADZIC, Biljana PLAVSIC, Zeljko RAZNATOVIC (also
known as "Arkan"), Vojislav SESELJ, and other members of the JNA, later the
Army of the Federal Republic of Yugoslavia (hereinafter "VJ"), the VRS and the
army of the Republic of Serbian Krajina (hereinafter "VRSK"), the Serb TO of
Croatia, BiH, Serbia and Montenegro, local police forces and Serbian MUP, including
the DB of Serbia and Martic’s Police, and members of Serbian, Montenegrin and
Bosnian Serb paramilitary forces units.
The Indictment
further states that 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,
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 Franko Simatovic on the basis of his 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)
*****
The
full text of the Indictment can be found in English, French and BCS on the Tribunal’s
website at www.un.org/icty
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