Graciela Gatti Santana, President of the International Residual Mechanism for Criminal Tribunals, has rejected a second request for early release filed by war criminal Mićo Stanišić. She determined that exemplary behavior in prison is not sufficient.
The Mechanism announced the decision today, just over two months after Stanišić – represented by his lawyer, Slobodan Zečević – submitted a new request on September 4.
This marked his second attempt to secure release before the completion of his 22-year sentence. His first request was denied on July 17, 2025.
Judge Gatti Santana noted that Stanišić formally meets the eligibility criteria, having served two-thirds of his sentence as of September 24, 2024. However, she emphasized that this merely qualifies an individual for consideration, rather than granting an automatic right to release. According to the Mechanism’s calculations, Stanišić is scheduled to complete his full sentence on January 21, 2032.
A report from the UN Detention Unit in The Hague describes Stanišić as an exemplary prisoner – polite toward staff and free of any incidents or disciplinary infractions.
Stanišić based his request on this record, highlighting that he had spent years sharing prison facilities with individuals of various nationalities, with whom he maintained friendly relations. While the judge viewed this behavior positively, she stated that it does not, in itself, constitute proof of rehabilitation for a man convicted of the gravest international crimes.
According to the decision, the key problem is that Stanišić, even in this new request, failed to explicitly accept responsibility for the crimes or outline any concrete steps demonstrating that his attitude toward his actions and the victims has changed since the previous decision. Instead, he emphasized the passage of time, his good conduct, and the claim that his return would contribute to reconciliation.
“I remain unconvinced that he has demonstrated a sufficient level of acceptance of responsibility, critical self-reflection, or sincere remorse to justify the exceptional measure of early release,” stated Gatti Santana.
Stanišić indicated that, if released, he would live with his family in Belgrade; he noted that he is in daily contact with his wife, children, and grandchildren, and that he would support himself through his pension. The judge acknowledged that family ties, housing, and financial security are positive factors, but deemed them insufficient given the gravity of the crimes.
His health condition was also reviewed, but no medical issues were found that would warrant his release.
Prior to reaching the decision, Gatti Santana consulted with Judges Carmel Agius, Burton Hall, and Liu Daqun. All three agreed that the request should be denied. Judge Agius specifically pointed to the absence of remorse, Judge Liu noted that no new evidence regarding a change in circumstances had been presented since the initial request, and Judge Hall supported these positions.
Stanišić surrendered to the Hague Tribunal on March 11, 2005. On 27 March 2013, the Trial Chamber sentenced him to 22 years in prison for murder and torture – as violations of the laws or customs of war – and for persecution as a crime against humanity.
It was established that he participated in a joint criminal enterprise aimed at the permanent removal of Bosniaks and Croats from the territory of a planned Serbian state. The judgment – handed down alongside that of Stojan Župljanin, the former Chief of the Banja Luka Public Security Centre – was affirmed by the Appeals Chamber on 30 June 2016.
As of 7 August 2019, he had been serving his sentence in Poland; however, after the Polish authorities were unable to continue the enforcement of the sentence, he was transferred on 22 January 2025 to the UN Detention Unit in The Hague, where he currently awaits the designation of a new state in which to serve the remainder of his sentence.
