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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)
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Full text of the Indictment in English and French
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