Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals (IRMCT), denied Jovica Stanišić’s request for early release.
The decision, published on September 25, stated that Stanišić met the eligibility condition for early release consideration because, in March 2026, he served two-thirds of his sentence. However, the IRMCT emphasized that meeting the condition does not necessarily mean that the convicted person has the right to early release.
Stanišić was finally sentenced before the IRMCT to 15 years in prison. On May 31, 2023, the Appeals Chamber reversed the first-instance verdict, found him accountable for a series of crimes committed in Bosnia and Herzegovina and Croatia, and increased his sentence from 12 to 15 years in prison.
Court: Crimes of Gravity
In the reasoning of the decision, the President of the IRMCT stated that the crimes Stanišić is convicted of are of gravity. These include murder as a violation of the laws and customs of war, as well as murder, deportation, inhuman acts, and persecution as crimes against humanity.
Regarding rehabilitation, the decision stated that Stanišić demonstrated good behaviour in prison, followed prison rules, and maintained contact with other prisoners. German prison authorities described his behaviour as impeccable.
However, the IRMCT President concluded that it alone is not enough. She especially highlighted his statement in which he expressed regret and apology for the crimes, but she assessed that it was mostly general and that it failed to adequately address the specific crimes he was convicted of or his individual role.
Insufficient Signs of Rehabilitation Established
The decision stated that Stanišić demonstrated certain steps towards reintegration and peaceful coexistence with people of diverse backgrounds. It was also stated that he has strong family ties and that there are circumstances which could help him with his reintegration into society.
However, the IRMCT President concluded that there are not enough other indicators that would confirm he had reached a rehabilitation level required for early release. She added that Stanišić should continue working on critical thinking about his crimes and demonstrate this through concrete actions.
Victims’ Views Also Considered
When making the decision, the IRMCT considered the information regarding the potential impact of early release on victims and witnesses. Out of 14 victims’ associations invited to submit their opinions, six responded, and all declared themselves against Stanišić’s release.
The decision stated that his early release could generate significant media attention, especially due to the positions he held during the war. Consideration was also given to the fact that a number of witnesses live in areas linked to the crimes for which he was convicted.
During the procedure, Stanišić claimed he cooperated with prosecution offices and that his voluntary surrender and assistance in the arrest of Dražen Erdemović were indicators of cooperation. The IRMCT stated that part of that cooperation was already taken into consideration in previous proceedings and that it hasn’t reached the level of “significant cooperation” which would favor early release.
Remains Serving Sentence
The IRMCT President also considered his state of health, given that Stanišić is 76 years old and suffers from multiple chronic health issues. However, it was concluded that his condition is not that severe that continued imprisonment would be inappropriate or serve as grounds for release on humanitarian grounds.
After consulting seven more IRMCT judges, who also supported denying the request, President Graciela Gatti Santana made a decision to reject the application for early release.
Stanišić thus remains serving his 15-year prison sentence.
