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REGISTRY
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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 Simatovi} was transferred from Serbia to the ICTY Detention Unit on Friday 30 May 2003.
Franko Simatovi} was indicted on 1 May 2003. The Indictment alleges that Franko Simatovi}, also known as “Frenki”, was born on 1 April 1950 in Belgrade, Republic of Serbia. He commenced work with in the State Security Service (Dr`avna 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 Simatovi} 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 STANIŠIĆ and Franko SIMATOVIĆ, as well as Slobodan MILOŠEVIĆ, Veljko KADIJEVIĆ, Blagoje ADŽIĆ, Ratko MLADIĆ; Radmilo BOGDANOVIĆ, Radovan STOJI^IĆ (also known as "Bad`a”, Mihalj KERTES; Milan MARTIĆ, Radovan KARADŽIĆ, Biljana PLAVŠIĆ, Zeljko RAŽNATOVIĆ (also known as "Arkan"), Vojislav ŠEŠELJ, 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 Simatovi}, 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 Simatovi}, 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 Šamac, Doboj, Mrkonji} 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 Simatovi} 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)
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International Criminal Tribunal for the former Yugoslavia
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