DEL PONTE BRIEFS DIPLOMATIC CORPS ON CROATIA'S

C O N F I D E N T I A L ZAGREB 002170

SIPDIS


DEPARTMENT FOR EUR - ROSSIN, EUR/SCE - NARDI AND KABUMOTO

E.O. 12958: DECL: 10/07/2013
TAGS: KAWC PREL PHUM HR ICTY
SUBJECT: DEL PONTE BRIEFS DIPLOMATIC CORPS ON CROATIA'S
ICTY COOPERATION

SUMMARY
--------------


1. (C) ICTY Chief Prosecutor Carla del Ponte briefed the
diplomatic corps in Zagreb following her October 6 meetings
with PM Racan and President Mesic. Del Ponte was pleased
with the GoC's new-found capacity to fulfill requests for
assistance from the OTP. As expected, she was harshly
critical of GoC efforts to date to find and apprehend ICTY
fugitive Ante Gotovina, and said she had given PM Racan
specific information of individuals and "services" in Croatia
which were supporting Gotovina's flight from justice. Del
Ponte commented that the GoC could arrest Gotovina in "a
matter of weeks" if it made a concerted effort. The
Prosecutor credited international pressure, particularly from
the EU, for the GoC's improved performance, and asked that
the international community maintain that pressure to ensure
Croatia's continued cooperation with the ICTY. Del Ponte
expressed confidence that Croatian prosecutors and special
war crimes courts would be able to take over outstanding war
crimes cases as called for the ICTY completion strategy. End
Summary.

Documents are Flowing
--------------


2. (C) In a well-attended briefing for the diplomatic corps
October 6, ICTY Chief Prosecutor Carla del Ponte stated that
the GoC's performance in meeting requests for assistance
(RFAs) -- access to documentary archives and access to
individuals -- had improved markedly over the last few
months. She specifically said she would avoid the term
"satisfied" as it had too many possible interpretations. She
said that RFAs that had been outstanding over 13 months were
now being completed. She stressed that her office would need
to review the materials being delivered, but was confident
that the quantity and quality represented significant
improvement over the past.


3. (C) Del Ponte credited pressure from the international
community, particularly from the EU as it reviewed
ratification of Croatia's SAA, as the critical impetus for
the GoC's improved performance. Commenting on questions over
whether the ICTY could continue to provide this kind of clear
benchmark for the GoC's performance in cooperating with the
ICTY, del Ponte said that the requests for assistance are
constantly being generated, but that she was more positive
now that the GoC would not sit on new requests. She said she
hoped the GoC would continue to answer RFAs in a timely
fashion.

GoC still stalling on Gotovina
--------------


4. (C) Del Ponte said that two previous reports the GoC had
provided her on September 18th and 25th on its efforts to
arrest Gotovina (reports required under Rule 59 of the
Tribunal) were "absolutely unacceptable." She said she had
not reviewed a new report handed to her that day, but at
first glance it appears to complement and add to the previous
reports.


5. (C) Del Ponte said she had provided PM Racan and Police
Chief Ranko Ostojic with her assessment of why she continues
to believe that ICTY indictee and fugitive Ante Gotovina is
still in Croatia. She noted that President Mesic had told
her a year ago that he had seen Gotovina personally in Zagreb
in the company of a police escort.


6. (C) In her separate, private meeting with PM Racan, she
said she had provided Racan with specific information on
individuals and parts of institutions that continue to
support Govovina's flight from justice. Racan said he would
work to ensure the information does not become
"contaminated," repeating the term to refer to the need to
dismiss some authorities because of such "contamination."


7. (C) Speaking of the two meetings, she said that some
information was known to her Croatian interlocutors, but some
had surprised them. She said that Racan had softened his
line as a result, saying to her what he repeated at their
press conference, that the GoC was ready to arrest Gotovina
if he is in Croatia, and to assist other governments if he is
abroad.


8. (C) Commenting on local press reports, del Ponte said that
the ICTY had not/not conducted any negotiations with Gotovina
via Ivo Pukanic, editor in chief of the sensationalist weekly
Nacional. She let Thomas Osorio -- the ICTY Head of Office
in Zagreb -- explain that Pukanic had approached Osorio with
a message from Gotovina, to which the ICTY had responded that
there would be no deals, the indictment against Gotovina
E


would not be withdrawn, and that the only place for Gotovina
was in The Hague. Del Ponte said President Mesic had
indicated that Pukanic had approached him as well, and Mesic
had responded with the message to Gotovina that it would be
best if the fugitive general would voluntarily surrender
himself. Del Ponte said, without further elaboration, that
the infamous photo on the cover of the June 10th issue of
Nacional, showing Pukanic and Gotovina together, was
evidently a forgery.


9. (C) Del Ponte also criticized the GoC, stating that
Gotovina was continuing to draw on his military pension,
while his wife continued to receive her colonel's military
salary without reporting for duty, but no effort had been
made to track down to whom or where the money was being sent.
Del Ponte noted that she did not believe that these funds
were sufficient to sustain the evidently luxurious lifestyle
Gotovina was enjoying on the run, but the fact they were
still flowing indicated a lack of effort on the part of the
GoC since the prosecutor's office had highlighted these flows
back in December 2001. President Mesic promised to look into
the matter.

Importance of International Pressure
--------------


10. (C) When the Dutch ambassador asked her whether she
wasn't putting too much emphasis on Gotovina in light of the
improved cooperation on the documentation issue, del Ponte
responded that it was clear to her that the recent progress
was only happening because of international pressure. Del
Ponte said she believed Gotovina could be arrested in a few
weeks, if GoC efforts continued as they were now. The EU
ambassador commented that ratification of Croatia's EU SAA
depended on her report to the UNSC. Del Ponte responded that
she would keep her report strictly to the facts. However,
she believed personally that it would be better if Gotovina
remained a condition of SAA ratification, as she was sure the
GoC could arrest him if it wanted to.

No Interest in New Indictments
--------------


11. (C) Del Ponte said that none of her interlocutors had
expressed any interest in new indictments being prepared by
the ICTY. She said the investigations were complete to open
four new indictments, but declined to answer when these would
be released.

Local Capacity
--------------


12. (C) Del Ponte commented that she had confidence in State
Prosecutor Mladen Bajic and his office's ability to take over
local prosecution of cases under the ICTY completion
strategy. She added that the successful prosecution of Norac
had improved her confidence in the ability of Croatian courts
to take on more war crimes cases.


13. (C) Del Ponte said the pending law on war crimes which
would designate special courts to try war crimes cases would
hopefully prevent future travesties of justice as had
occurred in the Lora case in Split. She noted that when her
team had complained in one meeting today that the draft war
crimes law did not have adequate provision for the use of
ICTY-generated evidence in Croatian court proceedings,
Minister of Justice Anticevic-Marinovic had picked up her
cell phone and called the drafters working on the legislation
to order the necessary change. (Note: the draft law passed
first reading in the Sabor on October 1st, but had been taken
off the fast track. This could indicate the law will be back
in for a final vote before the Sabor is dissolved on October
14th in advance of the November 23rd elections. End Note.)
FRANK


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