Franko Simatović
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Franko "Frenki" Simatović ( sr-cyr, Франко "Френки" Симатовић; born 1 April 1950) is a Serbian former
intelligence officer An intelligence officer is a person employed by an organization to collect, compile or analyze information (known as intelligence) which is of use to that organization. The word of ''officer'' is a working title, not a rank, used in the same way a ...
of Croatian descent and commander of the elite special forces police unit Special Operations Unit (JSO) from 1991 to 1998. Simatović is, along with former head of the State Security Service (SDB)
Jovica Stanišić Jovan "Jovica" Stanišić ( sr-cyr, Јован "Јовица" Станишић; born 30 July 1950) is a Serbian former intelligence officer who served as the head of the State Security Service (SDB) within the Ministry of Internal Affairs of Ser ...
being prosecuted for war crimes in
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = "Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capit ...
and
Bosnia and Herzegovina Bosnia and Herzegovina ( sh, / , ), abbreviated BiH () or B&H, sometimes called Bosnia–Herzegovina and often known informally as Bosnia, is a country at the crossroads of south and southeast Europe, located in the Balkans. Bosnia and H ...
in the period from 1991-95, before the
International Tribunal for the Former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal ...
(ICTY). He was initially acquitted on 30 May 2013 by the ICTY for his role in the wars but the verdict was later overturned on 15 December 2015 after successful appeal by the prosecutors (ICTY Appeals Chamber). The retrial before the UN
Mechanism for International Criminal Tribunals The International Residual Mechanism for Criminal Tribunals, also referred to as the IRMCT or the Mechanism, is an international court established by the United Nations Security Council in 2010 to perform the remaining functions of the Internati ...
(MICT) commenced on 13 June 2017. On 30 June 2021, he was found guilty under counts of
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
,
deportation Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...
,
forcible transfer Forced displacement (also forced migration) is an involuntary or coerced movement of a person or people away from their home or home region. The UNHCR defines 'forced displacement' as follows: displaced "as a result of persecution, conflict, g ...
and
persecution Persecution is the systematic mistreatment of an individual or group by another individual or group. The most common forms are religious persecution, racism, and political persecution, though there is naturally some overlap between these term ...
as
crimes against humanity Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
that occurred during the Bosanski Šamac ethnic cleansing, and sentenced to 12 years in prison.


Background

Simatović was born in
Belgrade Belgrade ( , ;, ; Names of European cities in different languages: B, names in other languages) is the Capital city, capital and List of cities in Serbia, largest city in Serbia. It is located at the confluence of the Sava and Danube rivers a ...
into a Croatian family. His father Pero Simatović was born in
Dubrovnik Dubrovnik (), historically known as Ragusa (; see notes on naming), is a city on the Adriatic Sea in the region of Dalmatia, in the southeastern semi-exclave of Croatia. It is one of the most prominent tourist destinations in the Mediterran ...
, his mother Neda (née Winter) in
Bjelovar Bjelovar ( hu, Belovár, german: Bellowar, Kajkavian: ''Belovar'') is a city in central Croatia. It is the administrative centre of Bjelovar-Bilogora County. At the 2021 census, there were 36,433 inhabitants, of whom 93.06% were Croats. History ...
. Pero Simatović was a
Yugoslav Partisan The Yugoslav Partisans,Serbo-Croatian, Macedonian, Slovene: , or the National Liberation Army, sh-Latn-Cyrl, Narodnooslobodilačka vojska (NOV), Народноослободилачка војска (НОВ); mk, Народноослобод ...
who after the war became a high-ranking officer in the
Yugoslav Army The Yugoslav People's Army (abbreviated as JNA/; Macedonian and sr-Cyrl-Latn, Југословенска народна армија, Jugoslovenska narodna armija; Croatian and bs, Jugoslavenska narodna armija; sl, Jugoslovanska ljudska a ...
, and was one of the founders of
Partizan Partizan may refer to: Sport * JSD Partizan, a sports society from Belgrade, Serbia, which includes the following clubs: **AK Partizan, athletics ** Biciklistički Klub Partizan, cycling ** Džudo Klub Partizan, judo **FK Partizan, association fo ...
. Neda belonged to the influential family Winter in Bjelovar, and was the daughter of Franko Winter (whom Simatović is named after), the founder of a law firm in Bjelovar. The family has lived in Belgrade since after World War II. Franko Simatović studied at the Higher Police School and
University of Belgrade Faculty of Political Sciences The Faculty of Political Sciences ( sr, Факултет политичких наука Универзитета у Београду, Fakultet političkih nauka Univerziteta u Beogradu, abbreviated FPN) is a constituent institution of the Univers ...
. His mentor, colleague and personal friend was
Jovica Stanišić Jovan "Jovica" Stanišić ( sr-cyr, Јован "Јовица" Станишић; born 30 July 1950) is a Serbian former intelligence officer who served as the head of the State Security Service (SDB) within the Ministry of Internal Affairs of Ser ...
. Both were recruited into the
State Security Administration The State Security Service ( hr, Služba državne sigurnosti, sr, Служба државне безбедности; mk, Служба за државна безбедност; sl, Služba državne varnosti), also known by its original name ...
(UDBA) immediately after studies, where they quickly rose in rank. During
Slobodan Milošević Slobodan Milošević (, ; 20 August 1941 – 11 March 2006) was a Yugoslav and Serbian politician who was the president of Serbia within Yugoslavia from 1989 to 1997 (originally the Socialist Republic of Serbia, a constituent republic of ...
's rise to power, Simatović was the head of the department dealing with affairs of American agencies in Yugoslavia. Simatović kept an office at Stanišić's command center in the village of Magarcevac, Croatia and both men had assumed command of regional forces in western Bosnia. They also led the ‘Pauk’ (‘Spider’) operation in Cazinska Krajina, Bosnia between 1994 and 1995.


ICTY trial

;Indictment and trial (2003–13) After the
assassination of Zoran Đinđić Zoran Đinđić, the sixth Prime Minister of the Republic of Serbia, was assassinated on Wednesday 12 March 2003, in Belgrade, Serbia. Đinđić was fatally shot by a sniper while exiting his vehicle outside of the back entrance of the Serbian ...
, Stanišić was arrested on 13 March 2003 during
Operation Sabre Operation Sabre was a Royal Navy military operation in World War II. It involved cutting the Japanese submarine communications cable linking Saigon and Singapore. operating from an X-Craft midget submarine in the Saigon River delta on 31 July 1 ...
by the Serbian Police and handed over to the
International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal ...
(ICTY) on 30 May 2003. The original indictment against him and
Jovica Stanišić Jovan "Jovica" Stanišić ( sr-cyr, Јован "Јовица" Станишић; born 30 July 1950) is a Serbian former intelligence officer who served as the head of the State Security Service (SDB) within the Ministry of Internal Affairs of Ser ...
was created in May 2003, and was later amended several times. He pleaded not guilty to all charges. Simatović was accused of committing atrocities against non-Serbs during the
Yugoslav wars The Yugoslav Wars were a series of separate but related#Naimark, Naimark (2003), p. xvii. ethnic conflicts, wars of independence, and Insurgency, insurgencies that took place in the Socialist Federal Republic of Yugoslavia, SFR Yugoslavia from ...
including persecution and murder. As part of
Milan Martić Milan Martić ( sr-cyr, Милан Мартић; born 18 November 1954) is a Croatian Serb politician and war criminal who served as the president of the unrecognized Republic of Serbian Krajina between 1994 and 1995, during the Croatian War of In ...
's trial at the ICTY, Simatović was found to be part of a "
joint criminal enterprise Joint criminal enterprise (JCE) is a legal doctrine used during war crimes tribunals to allow the prosecution of members of a group for the actions of the group. This doctrine considers each member of an organized group individually responsibl ...
which aimed to create a
Greater Serbia The term Greater Serbia or Great Serbia ( sr, Велика Србија, Velika Srbija) describes the Serbian nationalist and irredentist ideology of the creation of a Serb state which would incorporate all regions of traditional significance to S ...
including parts of
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = "Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capit ...
and
Bosnia and Herzegovina Bosnia and Herzegovina ( sh, / , ), abbreviated BiH () or B&H, sometimes called Bosnia–Herzegovina and often known informally as Bosnia, is a country at the crossroads of south and southeast Europe, located in the Balkans. Bosnia and H ...
." ;Acquittal and appeal (2013–17) Simatović and Stanišić were acquitted of all charges on 30 May 2013. However, his acquittal as well as that of
Jovica Stanišić Jovan "Jovica" Stanišić ( sr-cyr, Јован "Јовица" Станишић; born 30 July 1950) is a Serbian former intelligence officer who served as the head of the State Security Service (SDB) within the Ministry of Internal Affairs of Ser ...
, had been overturned on 15 December 2015 by the appeals chamber, which vacated the initial verdict deemed faulty as it was based on an insistence that the men could only be guilty if they "specifically directed" the crimes. On 22 December 2015, Simatović and Stanišić were granted temporary release. Back in Serbia, the two had to report to a local police station in Belgrade every day and surrender their passports to the Ministry of Justice of Serbia. He and Stanišić were on provisional release from December 2015 to June 2017. ;MICT retrial (2017–present) A new trial began on 13 June 2017, and is being handled by the UN
Mechanism for International Criminal Tribunals The International Residual Mechanism for Criminal Tribunals, also referred to as the IRMCT or the Mechanism, is an international court established by the United Nations Security Council in 2010 to perform the remaining functions of the Internati ...
(MICT), which took over the ICTY's remaining cases as it closes in December 2017. In December 2017, he was granted a provisional release until 19 January 2018. In August 2018, only his co-defendant Stanišić was reported to still be on provisional release and he did not immediately file a motion for an extension of his provision release after his return to custody. Any provisional release granted to Simatović has also come with stricter conditions as well and has not faced objection from the prosecution. As of November 2019, Simatović was still in The Hague attending the trial, while Stanistic remained on provisional release. However, Simatovic was later granted provisional release from March 12, 2020 to August 13, 2020. After his provisional release ended, Simatović was returned to his UN-run detention unit and again appeared in person for an appeal hearing held at a Hague court on August 28, 2020. On 30 June 2021, he and Stanišić were found guilty under counts of
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
,
deportation Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...
,
forcible transfer Forced displacement (also forced migration) is an involuntary or coerced movement of a person or people away from their home or home region. The UNHCR defines 'forced displacement' as follows: displaced "as a result of persecution, conflict, g ...
and
persecution Persecution is the systematic mistreatment of an individual or group by another individual or group. The most common forms are religious persecution, racism, and political persecution, though there is naturally some overlap between these term ...
as
crimes against humanity Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...
that occurred in
Bosanski Šamac Bosnian may refer to: *Anything related to the state of Bosnia and Herzegovina or its inhabitants *Anything related to Bosnia (region) or its inhabitants * Bosniaks, an ethnic group mainly inhabiting Bosnia and Herzegovina and one of three constit ...
in April 1992, and sentenced to 12 years in prison, making it the first case of the Tribunal in which an official from Serbia was convicted for crimes in Bosnia and Herzegovina.


See also

* State Security Service (SDB) * Special Operations Unit (JSO)


References


External links


Stanišić & Simatović (IT-03-69)
at icty.org
STANIŠIĆ AND SIMATOVIĆ (MICT-15-96)
at unmict.org {{DEFAULTSORT:Simatovic, Franko 1950 births Living people Military personnel from Belgrade Serbian police officers Croats of Serbia People indicted by the International Criminal Tribunal for the former Yugoslavia Military personnel of the Bosnian War Military personnel of the Croatian War of Independence