Identifier
Created
Classification
Origin
03ZAGREB756
2003-04-04 16:22:00
CONFIDENTIAL
Embassy Zagreb
Cable title:  

ICTY/CROATIA: CROATIA APPEARS TO MEET COOPERATION

Tags:  PGOV PREL HR ICTY 
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C O N F I D E N T I A L ZAGREB 000756 

SIPDIS


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

E.O. 12958: DECL: 04/04/2013
TAGS: PGOV PREL HR ICTY
SUBJECT: ICTY/CROATIA: CROATIA APPEARS TO MEET COOPERATION
DEADLINES

REF: ZAGREB 717

CLASSIFIED BY: POLOFF ROB SILBERSTEIN, REASONS 1.5 (B) AND (D)

C O N F I D E N T I A L ZAGREB 000756

SIPDIS


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

E.O. 12958: DECL: 04/04/2013
TAGS: PGOV PREL HR ICTY
SUBJECT: ICTY/CROATIA: CROATIA APPEARS TO MEET COOPERATION
DEADLINES

REF: ZAGREB 717

CLASSIFIED BY: POLOFF ROB SILBERSTEIN, REASONS 1.5 (B) AND (D)


1. (C) ICTY ZAGREB RESREP THOMAS OSORIO TOLD US LATE APRIL 4
THAT THE GOC APPEARS TO HAVE COMPLIED WITH THE HAGUE'S APRIL
4 DEADLINES TO SERVE THE SEPTEMBER 2002 INDICTMENT ON GENERAL
JANKO BOBETKO OR HIS LEGAL REPRESENTATIVE AND TO HONOR OTP
DOCUMENT REQUESTS. OSORIO SAID HE WAS INFORMED THAT
OFFICIALS FROM THE GOC OFFICE FOR COOPERATION WITH THE
TRIBUNAL SERVED THE INDICTMENT ON BOBETKO'S ATTORNEY. THE
CROATIAN AMBASSADOR IN THE HAGUE HAS BEEN INSTRUCTED TO
INFORM THE ICTY REGISTRAR OF CROATIA'S COMPLIANCE WITH THE
ICTY JUDGE'S ORDER ON THE BOBETKO CASE. THE GOC DECISION TO
SERVE THE INDICTMENT CAME AFTER THE PRESIDING JUDGE IN THE
ZAGREB COUNTY COURT, CITING BOBETKO'S SEVERE MEDICAL
CONDITION, REFUSED TO SERVE THE INDICTMENT.


2. (C) OSORIO ALSO CONFIRMED THAT AMBASSADOR KRNIC, HEAD OF
THE GOC OFFICE FOR COOPERATION, TRANSMITTED LATE APRIL 4 A
THICK SET OF DOCUMENTS ON CROATIAN MILITARY INVOLVEMENT IN
BOSNIA DURING THE WAR. THE PACKAGE ALSO CONTAINED A LETTER
OF COMMITMENT, BINDING THE GOC TO PROVIDE OUTSTANDING BANKING
DOCUMENTS. OSORIO SAID THAT THE OTP HAS INFORMED THE GOC
THAT CHIEF PROSECUTOR DEL PONTE HAS ACCEPTED THE GOC OFFER TO
VISIT ZAGREB. DEL PONTE HAS PROPOSED APRIL 17 FOR THE VISIT.


3. (C) BARRING A MIRACULOUS RECOVERY BY THE 83-YEAR OLD
GENERAL, THE GOC'S SERVING OF THE INDICTMENT EFFECTIVELY
CLOSES THE BOBETKO CASE. ALTHOUGH THE GOC APPEARS TO HAVE
RESPONDED ADEQUATELY TO THE OTP DOCUMENT DEADLINE, THE DEVIL
IS IN THE DETAILS. OSORIO SAID THAT THE TRIBUNAL
INVESTIGATORS NOW MUST ANALYZE THE CONTENTS OF THE GOC
SUBMISSION. A PACKAGE OF DOCUMENTS THAT OSORIO HAD REVIEWED
INFORMALLY ON APRIL 1 AT CROATIAN MOD ARCHIVES DID NOT
FULFILL OTP NEEDS. THE OTP WOULD COMPLETE ITS ANALYSIS OF
THE GOC SUBMISSION BY APRIL 10.

COMMENT
--------------


4. (C) ACCORDING TO OSORIO, THE GOC'S SERVING OF THE
INDICTMENT, PARTICULARLY AFTER MAINTAINING THAT THIS WAS THE
ROLE OF THE CROATIAN COURTS, IS SIGNIFICANT. BY DOING SO --
IN OSORIO'S VIEW -- THE GOC ACKNOWLEDGED THAT THE TRIBUNAL
HAS PRIMACY OVER THE RULINGS OF CROATIAN COURTS. TIME WILL
TELL AS TO WHETHER OR NOT THE GOC AGREES THAT ITS ACTION IS
PRECEDENT SETTING. WHAT IS CLEAR, HOWEVER, IS THAT WITH THE
U.S. AND EU MAKING IT CLEAR THAT ICTY COOPERATION IS A SIN
QUA NON FOR EURO-ATLANTIC INTEGRATION, AND WITH PM RACAN
SCHEDULED TO TRAVEL TO ATHENS ON APRIL 15 TO GET THE EU'S
"AVIS," THE ICTY/OTP FIRM DEADLINES NO DOUBT SPURRED A
RELUCTANT GOC TO ACT.
ROSSIN

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