Former Bosnian Serb politician Mico Stanisic, convicted by the International Criminal Tribunal for the former Yugoslavia (ICTY), has applied for early release after serving more than two-thirds of his 22-year prison sentence. The petition was filed on November 18, 2024, with the International Residual Mechanism for Criminal Tribunals (IRMCT).

Stanisic, who voluntarily surrendered in 2005 and was transferred to Poland to serve his sentence in 2019, argues that he qualifies for early release under Polish law. According to Article 5 of the Practice Direction on the Procedure for Determination of Applications for Early Release, a convicted person may request early release after serving two-thirds of their sentence if they meet certain criteria. Stanisic asserts that he became eligible for early release in September 2024, following Polish domestic law, which allows such petitions after serving a significant portion of the sentence.

The petition highlights Stanisic's efforts at rehabilitation and cooperation during his incarceration. He has maintained positive relationships with fellow inmates, many of whom are from different ethnic backgrounds, and claims to have contributed to reconciliation efforts within the prison community. Additionally, Stanisic's legal counsel emphasized his ongoing commitment to his family and their support, stating that he plans to return to his family home if granted release.

The IRMCT President, Judge Graciela Gatti Santana, will now determine whether Stanisic's request can proceed. Factors that will be considered include the gravity of the crimes for which Stanisic was convicted, the treatment of other similarly situated individuals, his demonstration of rehabilitation, and any cooperation with the prosecution. In his application, Stanisic underscored that previous IRMCT decisions had granted early release even in cases involving severe crimes, suggesting that the gravity of his crimes should not solely determine his eligibility.

Stanisic was sentenced for his role in the 1992-1995 Bosnian War, including being found guilty of crimes against humanity. His petition references the case of Momcilo Krajisnik, who was granted early release despite similar charges and a prominent role during the conflict. Stanisic claims his political authority was significantly lower than that of Krajisnik, and emphasizes that his actions aimed to mitigate violence, including issuing orders for the release of unlawfully detained civilians and dissolving paramilitary groups.

Stanisic's application for early release is currently under review, with the decision expected to consider not only the severity of his past actions but also his behavior in prison and the potential for contributing positively to his community if released. His defense has also noted his voluntary surrender as a factor demonstrating his cooperation and acceptance of legal proceedings.

The Office of the Prosecutor, represented by Mr. Serge Brammertz, will have an opportunity to respond to the application before a final decision is made by Judge Santana.