ICTY/CROATIA: IMPROVING GOC COOPERATION, RAJIC CASE MOVING AHEAD

C O N F I D E N T I A L SECTION 01 OF 02 ZAGREB 001037

SIPDIS

STATE FOR S/WCI, EUR/SCE, INL/AAE, AND EUR/ACE
THE HAGUE FOR JOHNSON/KAYE/WHEATON

E.O. 12958: DECL: 05/06/2013
TAGS: KAWC KJUS PREL KJUS PREL UNSC ICTY
SUBJECT: ICTY/CROATIA: IMPROVING GOC COOPERATION, RAJIC
CASE MOVING AHEAD

REF: A. ZAGREB 925


B. ZAGREB 761

CLASSIFIED BY: POLOFF ROBERT SILBERSTEIN, REASON 1.5 (B) AND (D)

SUMMARY
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1. (C) ICTY ZAGREB RESREP THOMAS OSORIO TOLD US MAY 5 THAT
THE GOC HAS IMPROVED COOPERATION IN THE MONTH FOLLOWING THE
VISIT OF OTP CHIEF PROSECUTOR DEL PONTE TO ZAGREB. THE GOC
LARGELY HAS FULFILLED OUTSTANDING DOCUMENT REQUESTS AND
APPEARED SOMEWHAT MORE PROACTIVE IN THE GOTOVINA CASE -- IT
IS SET TO ISSUE A REWARD FOR HIS ARREST ON MAY 10. THE IVICA
RAJIC TRANSFER TO ICTY CUSTODY APPEARED TO BE MOVING AHEAD AS
WELL AS THE GOC INVESTIGATION AGAINST THOSE THAT SHELTERED
AND SUPPORTED HIM AND OTHER CROATIAN PIFWCS. THE ONLY BLACK
CLOUD FOR OSORIO WAS DEL PONTE'S POOR HANDLING OF A ZAGREB
DIPLOMATIC CORPS REQUEST FOR AN "ICTY ISSUES CHECKLIST."
DESPITE OSORIO'S WARNINGS, DEL PONTE CIRCULATED A
POORLY-CRAFTED DOCUMENT THAT -- IF LEAKED -- COULD CLOUD
GOC-ICTY RELATIONS. END SUMMARY

IMPROVED COOPERATION
--------------


2. (C) ON MAY 5, ICTY ZAGREB RESREP THOMAS OSORIO TOLD US
THAT THE GOC -- FOR NOW -- HAS BEEN LIVING UP TO THE
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COMMITMENTS PM RACAN MADE WHEN OTP CHIEF PROSECUTOR DEL PONTE
VISITED ZAGREB A MONTH EARLIER (REF B):

-- THE OTP RECEIVED THE BULK OF THE RAW CENSUS DATA IT
REQUESTED. WHILE SOME DATA ARE MISSING, OSORIO -- AT THIS
POINT -- CONSIDERS THIS TO BE A TECHNICAL OVERSIGHT ON THE
PART OF THE GOC CENSUS BUREAU AND NOT A GOC ATTEMPT TO
OBFUSCATE.

-- THE OTP IS WORKING WITH STATE PROSECUTOR BAJIC TO DEVELOP
THE EXACT LANGUAGE THAT HE WOULD USE TO OBTAIN CROATIAN COURT
PERMISSION TO ACCESS PRIVREDNA BANKA RECORDS RELATED TO GOC
FINANCING OF THE WAR IN BOSNIA.

-- THE OTP RECEIVED OVER 1100 PAGES OF PERSONAL DOCUMENTS OF
THE FORMER GOC MINISTER OF DEFENSE GOJKO SUSAK, A KEY OTP
DOCUMENT REQUEST. OTP INVESTIGATORS ARE CLOSELY ANALYZING
THE FILES, WHICH COULD HAVE BEARING ON A WIDE RANGE OF ICTY
CASES, INCLUDING THE BLASKIC APPEAL.

-- THE OTP ALSO WAS GIVEN ACCESS TO THE MILITARY ARCHIVES OF
THE SEVEN CROATIAN ARMY BRIGADES THAT OPERATED IN BOSNIA FROM
1992 TO 1994.

GOTOVINA
--------------


3. (C) OSORIO SAID THAT, IN EARLY MAY, THE HEAD OF THE GOC
OFFICE FOR COOPERATION WITH ICTY REASSURED HIM THAT THE GOC
DECISION TO ISSUE A REWARD FOR ICTY FUGITIVE ANTE GOTOVINA
WAS IRONCLAD. IN A MEETING WITH US ON MAY 8, DIRECTOR
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GENERAL OF POLICE RANKO OSTOJIC CONFIRMED THAT THE GOC WOULD
ISSUE THE GOTOVINA REWARD ON MAY 10 IN THE AMOUNT OF 350,000
KUNA (USD 55,000). THAT AMOUNT, SAID OSTOJIC, IS AT LEAST
SEVEN TIMES HIGHER THAN ANY OTHER REWARD ISSUED IN CROATIAN
HISTORY. OSTOJIC ALSO TOLD US THAT POLICE IN THE ZADAR AREA
-- CENTRAL DALMATIA -- HAVE BEEN GIVEN SPECIFIC ORDERS TO
TAIL AND SURVEIL GOTOVINA FAMILY MEMBERS AND KNOWN
SYMPATHIZERS.

IVICA RAJIC
--------------


4. (C) ON APRIL 30, THE ZAGREB COUNTY COURT RULED THAT THE
ICTY HAS JURISDICTION OVER IVICA RAJIC AND APPROVED HIS
TRANSFER TO THE HAGUE. RAJIC'S LAWYERS APPEALED THE DECISION
TO THE CROATIAN SUPREME COURT, BUT LEGAL EXPERTS TOLD US THE
APPEAL HAS NO CHANCE OF PROSPERING. RAJIC SHOULD BE IN ICTY
CUSTODY NO LATER THAN THE END OF MAY.


5. (C) OSORIO TOLD US THAT DEL PONTE, DURING HER MEETING WITH
PM RACAN, MADE IT CLEAR THAT SHE WANTS ALL INFORMATION THAT
THE GOC DEVELOPS ON HOW RAJIC LIVED FREELY (UNDER ALIAS) IN
CROATIA FOR SEVEN YEARS AFTER HIS OTP INDICTMENT. RACAN
REPORTEDLY PROMISED HER THAT A "FULL REPORT WOULD BE

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ACTION SWCI-00

INFO LOG-00 NP-00 AF-00 AID-00 ACQ-00 CIAE-00 INL-00
DODE-00 DOEE-00 SRPP-00 DS-00 EAP-00 EUR-00 FBIE-00
VC-00 TEDE-00 INR-00 IO-00 L-00 VCE-00 AC-01
NSAE-00 NSCE-00 OIC-02 OMB-01 DHS-00 CAEX-00 PA-00
PM-00 PRS-00 ACE-00 P-00 SCT-00 SP-00 SSO-00
SS-00 TRSE-00 T-00 USIE-00 PMB-00 DSCC-00 PRM-00
DRL-01 G-00 NFAT-00 SAS-00 /005W
-------------- 62A3DF 091540Z /38
P 091526Z MAY 03
FM AMEMBASSY ZAGREB
TO SECSTATE WASHDC PRIORITY 0156
INFO AMEMBASSY BELGRADE PRIORITY
AMEMBASSY LONDON PRIORITY
AMEMBASSY SARAJEVO PRIORITY
AMEMBASSY THE HAGUE PRIORITY
DEPT OF JUSTICE WASHDC PRIORITY
USMISSION USNATO PRIORITY
USMISSION USOSCE PRIORITY
USMISSION USUN NEW YORK PRIORITY

C O N F I D E N T I A L SECTION 02 OF 02 ZAGREB 001037

SIPDIS

STATE FOR S/WCI, EUR/SCE, INL/AAE, AND EUR/ACE
THE HAGUE FOR JOHNSON/KAYE/WHEATON

E.O. 12958: DECL: 05/06/2013
TAGS: KAWC KJUS PREL KJUS PREL UNSC ICTY
CONFIDENTIAL

PAGE 02 ZAGREB 01037 02 OF 02 091539Z
SUBJECT: ICTY/CROATIA: IMPROVING GOC COOPERATION, RAJIC
CASE MOVING AHEAD

FORTHCOMING."


6. (C) OSTOJIC AND BAJIC TOLD US THAT THE GOC STILL IS
PIECING TOGETHER THE COMPLEX NETWORK ESTABLISHED BY THE
FORMER HDZ GOVERNMENT THAT PROTECTED IVICA RAJIC AND OTHER
ICTY PIFWCS. THEY PLAN TO INDICT ALL THOSE INVOLVED IN THE
ILLEGAL "OPERATION HAAG," CODE NAME FOR PROGRAM THAT
SHELTERED PIFWCS AND RAN INTELLIGENCE OPERATIONS AGAINST
ICTY, SFOR, AND OTHERS (REF A).


7. (C) OSTOJIC TOLD US THAT THE EFFORT TO PROTECT RAJIC WAS
MASTERFUL: WHEN HIS SPECIAL POLICE UNIT BEGAN ITS
INVESTIGATION IN MID-2002, THERE WAS NO RECORD IN THE GOC TO
INDICATE THAT AN IVICA RAJIC OFFICIALLY EVER EXISTED IN
CROATIA. CRITICALLY, ALL COPIES OF RAJIC'S FINGERPRINT FILES
HAD BEEN DESTROYED. OSTOJIC SAID THAT THE POLICE WERE ABLE
TO GET A COPY OF RAJIC'S FINGERPRINTS FROM BIH GOVERNMENT
AUTHORITIES WITHOUT TIPPING THEIR HAND TO THE ONGOING
INVESTIGATION. WITHOUT THOSE PRINTS, THEY NEVER WOULD HAVE
BEEN ABLE TO IDENTIFY CONCLUSIVELY THE PIFWC, WHO, WHEN
ARRESTED, WAS LIVING IN A SUBURB OF SPLIT UNDER THE NAME OF
JAKOV KOVAC.

CDP "NON PAPER:" GOOD IDEA, POOR EXECUTION
--------------


8. (C) OSORIO SAID THAT DEL PONTE'S POOR HANDLING OF A
REQUEST FROM THE ZAGREB DIPLOMATIC CORPS FOR A "COOPERATION
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CHECK LIST" MARRED WHAT OTHERWISE HAS BEEN A GOOD MONTH FOR
GOC-ICTY COOPERATION. (DURING HER VISIT TO ZAGREB, IC REPS
REQUESTED THAT THE OTP GENERATE AN "ISSUES CHECK LIST" THAT
THEY COULD USE WHEN ENGAGING THE GOC ON COOPERATION WITH ICTY
(REF B)). ON APRIL 24 OSORIO GAVE US AN ADVANCE COPY OF AN
OTP "NON-PAPER," SAYING THAT THIS WAS WHAT DEL PONTE PROPOSED
DISTRIBUTING TO THE IC (DOCUMENT POUCHED TO S/WCI AND
EUR/SCE).


9. (C) WE TOLD OSORIO THAT WHILE THE IDEA OF A BASIC
CHECKLIST HAD MERIT, THE OTP "NON-PAPER" WAS FAR TOO LONG,
DENSE AND "PREACHY." WE SUGGESTED TO OSORIO THAT THE OTP'S
SUBMISSION SHOULD BE SHORTER AND STRICTLY FACTUAL, OUTLINING
AREAS OF NON-COOPERATION AND WHAT THE GOC MUST DO TO MEET OTP
REQUESTS.


10. (C) OSORIO SAID HE SHARED OUR VIEW (AS DID THE LOCAL OSCE
MISSION, WHICH ALSO WAS GIVEN AN ADVANCE COPY OF THE
"NON-PAPER"),AND HELD OFF ON DELIVERING THE DOCUMENT TO THE
LOCAL EU TROIKA, DESPITE EXPLICIT INSTRUCTIONS FROM DEL
PONTE. HE TOLD US THAT ON APRIL 29 HE CALLED DEL PONTE TO
EXPRESS HIS RESERVATIONS. HE SAID THAT SHE ACKNOWLEDGED THAT
THE DOCUMENT WAS FLAWED, BUT ORDERED HIM TO GIVE IT TO THE
ZAGREB EU TROIKA AND THE U.S. EMBASSY ANYWAY; SHE PERSONALLY
HAD GIVEN THE DOCUMENT TO SOLANA, PATTEN AND PRODI THE
PREVIOUS DAY DURING A VISIT TO BRUSSELS. SHE TOLD OSORIO
"WE'LL GET IT RIGHT NEXT TIME." OSORIO SAID THAT HE WAS
CONVINCED THAT THE GOC WOULD GET ITS HANDS ON THE DOCUMENT,
WHICH IT WOULD LEAK TO THE PRESS -- AT A TIME OF ITS CHOOSING
-- TO DEMONSTRATE THAT THE OTP IS NOT SINCERE IN ITS EFFORTS
TO BUILD A WORKING RELATIONSHIP WITH THE GOC
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