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 |  |  |  | Franko Simatovic |  | | context : | Former Yugoslavia  | | judgement place : | ICTY (Yugoslavia)  | | status : | Indicted | | particulars : | Initial court appearance on 2 June 2003; provisional release on 9 December 2004; start of trial adjourned for at least 3 months on 16 May 2008; provisional release granted on 27 June 2008 | | position : | Commander of the Special Operations Unit of the State Security Service (or | |
|  | |  | Franko Simatovic was arrested on 13 March 2003 in Serbia and was transferred to the International Criminal Tribunal for the former Yugoslavia (ICTY) on 30 May 2003.
At his initial court appearance on 2 June 2003, he pleaded not guilty to all counts of crimes against humanity and violations of the laws and customs of war with which he was charged.
Franko Simatovic was originally indicted with Jovica Stanisic (See “Related Cases”) on 1st May 2003. On 9 December 2003, the Bill of Indictment was modified. A second modified Bill of Indictment was adopted on 20 December 2005.
According to the Indictment, Franko Simatovic is indicted on the basis of his individual criminal responsibility (Art. 7 § 1 of the ICTY Statute) for:
- Four counts of crimes against humanity (Art. 5 ICTY Statute – persecutions on political, racial or religious grounds; murder ; deportation; inhumane acts (forcible transfer));
- One count of violations of the laws and customs of war (Art. 3 ICTY Statute-murder).
On 9 December 2004, Franko Simatovic was given provisional release following a decision by the First Trial Chamber on 28 July 2004, a decision which was then confirmed by the Appeals Chamber on 3 December 2004. In a decision dated 6 February 2008, the First Trial Chamber suspended his release order as of 11 February 2008.
The trial of Franko Simatovic has been combined with that of Jovica Stanisic and was first scheduled to begin on 10 March 2008 and later postponed to 17 March 2008.
On 17 March 2008, the start of the trial was postponed for a second time after Stanisic was diagnosed with depression.
On 16 May 2008, the Trial Chamber adjourned proceedings due to Stanisic's health condition for a period of at least three months and granted provisional release.
The Prosecution appealed this decision. On 27 June 2008 the Appeals Chamber held that he should be provisionally released. |  | |  | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. |  |  |  | | nationality : | | | Serbia and montenegro |  | | date of birth : | | | 01.04.1950 |  | | also known as : | | | Frenki |  | | last time seen : | | | The Hague, Netherlands |  | | period of charges : | | | 01.04.1991 - 31.12.1995 |  | | charges : | | | Crimes against humanity War crimes |  | | profile last modified : | | | 28.06.2008 |
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