Stanišić and Simatović sentenced for JCE, receive 15 years in prison each

(Patria) - The International Residual Mechanism for Criminal Tribunals (IRMCT) has delivered the final verdict in the retrial of former heads of the State Security Service (SDB) of Serbia, Jovica Stanišić and Franko Simatović, accused of crimes committed in Bosnia and Herzegovina and Croatia. Judge Graciela Gati is presiding over the Appeals Chamber.

They have been handed a final sentence of 15 years in prison each. Time spent in detention will be credited towards their sentences. The verdict takes immediate effect.

The Appeals Chamber accepted the prosecution's appeal and concluded that they are responsible for the Joint Criminal Enterprise (JCE) aimed at the violent removal of non-Serb populations throughout the war in BiH. With this verdict, they have also been found guilty of crimes in Bijeljina, Zvornik, Doboj, Trnovo, Bosanski Šamac, and Sanski Most.

The Appeals Chamber rejected the grounds of Stanišić's Defence against the Trial Chamber's verdict, by which he was sentenced to 12 years in prison.

Presiding Judge Santana referred to the Trial Chamber's findings regarding the responsibility of the accused for crimes in Bosanski Šamac through the training of members who participated in the capture of this municipality.

The Appeals Chamber rejected Simatović's appeal because he did not prove that the Trial Chamber erred and dismissed the ground of appeal.

Reviewing the Prosecution's appeal, the Appeals Chamber dismisses arguments about the engagement of 300 to 400 members of the Serb forces.

"The Appeals Chamber finds that the Trial Chamber misapplied the law and did not assess the contribution to the achievement of the joint criminal purpose in relation to the killings. The Appeals Chamber concludes that the prosecution has eliminated any doubt that the SDB paid: people who led the Serbian Volunteer Guard, a significant number of members of that guard, and paid significant amounts of money to the guard at that time. The prosecution has eliminated any doubt that Stanišić and Simatović were jointly responsible for these payments and that through these payments they contributed to the achievement of criminal purposes. The Appeals Chamber is of the opinion that from the time they took Bosanski Šamac until the crimes in Sanski Most, they shared the intent to forcibly and permanently remove most non-Serbs from Croatia and BiH. It declares Stanišić and Simatović responsible for the JCE - they are responsible for the criminal acts from the indictment. Based on the Trial Chamber's analysis, this includes criminal acts committed in BiH," the reasoning states.

The Appeals Chamber fully rejected Simatović's and Stanišić's appeals, and partially the Prosecution's appeal. They were convicted of JCE, persecution, murder, deportation, forcible transfer, inhumane acts, and persecution as crimes against humanity.

Graciela Gati stated that the two will remain in detention until their place of detention is determined.

The proceedings against Simatović and Stanišić began in 2003. The first acquittal was overturned, and a retrial was ordered. The retrial began in 2017. The first-instance verdict was delivered in 2021. The Trial Chamber found that Simatović and Stanišić aided and abetted the criminal acts from the indictment committed in Bosanski Šamac. They were convicted of murder, persecution, deportation, and crimes against humanity. They were sentenced to 12 years in prison each.

The Trial Chamber found that a large number of individuals were part of the JCE by committing the criminal acts of murder and persecution. The criminal acts occurred in Croatia, BiH (Bijeljina, Zvornik, Bosanski Šamac, Doboj, Sanski Most, and near Trnovo). The Trial Chamber did not convict anyone for JCE.

In 2023, the Appeals Chamber heard the appeals of both parties.