OSIJEK WAR CRIMES - DELAYED JUSTICE, PRIMITIVE

C O N F I D E N T I A L ZAGREB 001254 SIPDIS DEPT FOR EUR DICARLO, EUR/SCE ENGLISH, BELL, S/WCI-PROSPER DEPT PLEASE PASS TO NSC BRAUN E.O. 12958: DECL: 07/28/2015 TAGS: KAWC PGOV PREL HR SUBJECT: OSIJEK WAR CRIMES - DELAYED JUSTICE, PRIMITIVE POLITICS REF: A. ZAGREB 1175 ¶B. ZAGREB 1115 AND PREVIOUS Classified By: Ambassador Ralph Frank, reasons 1.4 (b) & (d). ¶1. (C) SUMMARY AND COMMENT: A preliminary investigation into killings of dozens of ethnic Serb civilians in Osijek in 1991-92 is serving as a test of the capacity of the criminal justice system and the GoC's political will to prosecute war crimes perpetrated by Croatians. Chief suspect in the investigation is Branimir Glavas, controversial Slavonian strongman and Member of Parliament who was military commander in Osijek in the early 90s. Stories of brutal torture and execution, a lone survivor, a repentant executioner turned protected witness, and a journalistic and a political vendetta have gripped the Croatian public during the normally "slow news" summer. ¶2. (C) While Glavas' suspected role in the Osijek "liquidations" and the murders of several Croatian officials who opposed his tactics has been an open secret in Croatia since the crimes were committed, no Croatian government has pursued a complete investigation, due both to the previous lack of political will and the absence of credible witnesses willing to testify in a judicial system which could not ensure their safety. Both of these factors, however, have recently changed. ¶3. (C) Glavas' unfriendly departure from Prime Minister Ivo Sanader's Croatian Democratic Union (HDZ) earlier this year, and subsequent success in gaining control of both city and county governments in Osijek, made him the bitter opponent of the ruling party, which undoubtedly protected him from investigation in the past. Glavas is now a tempting target for the GoC to demonstrate to the EU its commitment to prosecute all war crimes (ref A) and to prove to the International Criminal Tribunal for the former Yugoslavia (ICTY) its capacity to accept case transfers. ¶4. (C) Newly-appointed Minister of Interior (MUP) Ivica Kirin has demonstrated the GoC's new resolve by dispatching from Zagreb to Osijek a special team of investigators and a new police chief, all of whom he believes will be less burdened by "local influence." Chief State Prosecutor Mladen Bajic is pursuing the case carefully, intent on collecting proper evidence and avoiding any appearance of an eventual indictment being based purely on political motives. ¶5. (C) Both Bajic's team and Kirin's newly-operational witness protection unit are benefiting from timely USG-funded witness protection training. While their efforts protecting their first high-profile witness have appeared clumsy and overly publicized (thanks in large part to a media-hungry witness and his Glavas-loyalist father),the witness is safe and more witnesses continue to come forward. END SUMMARY AND COMMENT. THE ACCUSATIONS: SYSTEMATIC TORTURE AND MURDER -------------- - ¶6. (C) Witnesses accuse Branimir Glavas of ordering the torture and execution of as many as 100 ethnic Serb civilians from 1991-92 in his role as military commander of Osijek, a city on the front lines of combat. Chief State Prosecutor Bajic told PolOff July 26 that he has already confirmed execution as the cause of death of at least ten unresolved murder cases from the time and he expects to verify more. Bajic has asked for all related documents and evidence from the ICTY and from his colleagues in Serbia and Montenegro, but has not yet received anything. The investigation may also eventually include the murders of Croatian officials during the same period, including Osijek police chief Josip Reihl-Kir, who was prominent in attempting to defuse inter-ethnic tensions in 1991, and two agents sent from Zagreb to investigate the civilian murders. ¶7. (C) Since the war, Glavas has remained the king-maker both politically and economically in Osijek, and nearly everyone with any significant position owes their career to him. Until three weeks ago, it appeared he had managed to use his influence to quash any real investigation of the "liquidations" during the war. Now, however, Zagreb's new interest in the case has brought out compelling testimony condemning Glavas. THE DEFENDANT AS VICTIM: VENDETTAS ALL AROUND -------------- -- ¶8. (U) Glavas claims the allegations are part of a political smear campaign orchestrated by PM Sanader after Glavas and his newly-formed independent slate of former HDZ-ers trounced the ruling party in both Osijek and the surrounding county in May local elections (ref B). He is also the target of journalist Drago Hedl, who broke the story of the investigation earlier this month in the satirical "Feral Tribune." Glavas removed Hedl at gunpoint from his position as editor-in-chief of the Osijek-based "Glas Slavonija" in ¶1991. Hedl, apparently, holds a grudge. ¶9. (U) While offering few details, Glavas insists he has always performed his duties in accordance with the law and has appealed to the war-hardened attitude of many Croatians with such comments as, "I wasn't running a kindergarten." Osijek's new mayor, Croatian Party of Rights (HSP) President Anto Dapic, has risen to Glavas' defense with equally convincing statements, portraying the investigation as an attack on the city and the "Patriotic War." Glavas has also resorted to character assassination, questioning the loyalty, motives, sexual preference, and marital fidelity of witnesses and political opponents. Glavas now maintains with indignation that this case must be completely resolved to remove the stigma the investigation has put on him. PROTECTED WITNESS TURNED MEDIA STAR -------------- ¶10. (C) Krunoslav Fehir, an Osijek police officer who early in the war was a 15-year-old member of the so-called "Branimirova Osijecka Bojna" (Branimir's Osijek Battalion) gave a statement to the Chief State Prosecutor on July 6, confessing to participation in executions on the direct orders of Glavas. When Hedl and "Feral Tribune" contacted Bajic to confirm the statement for a story on the investigation to be published July 15, the Chief State Prosecutor asked them to delay publication long enough for him to corroborate the witness' story and initiate protection measures. Feral's editor refused. While the story did not give Fehir's identity, it provided dangerous details, forcing Bajic to begin protection measures without proper preparation. ¶11. (C) Fehir's sudden disappearance into the protection program made it obvious he was the witness in the article. Glavas' people reportedly portrayed Fehir's departure as a government kidnapping to his father Josip, also a war veteran and Glavas loyalist. The elder Fehir then walked into a press conference called by his own lawyer, another Glavas man, and read a statement condemning his son's testimony, saying he must have been blackmailed into testifying by the police. ¶12. (C) Much to Bajic's chagrin, the younger Fehir then began calling the media and giving his own interviews, making a mockery of any attempts at secrecy. Thomas Osorio, head of the ICTY liaison office in Zagreb and veteran of numerous witness protection arrangements, told PolOff the Croatian system failed miserably in the opening stages by not controlling the witness' media exposure. "You protect witnesses with information, not guns," Osorio said, but now nearly all information is public. ¶13. (C) Osorio acknowledged that the witness is still alive and available to testify, although considerably discredited in the press. Armed-guard security tactics, however, are not sustainable for all witnesses, so hopefully Bajic and the witness protection unit will improve with this experience. Assuming continued success in physically protecting Fehir, the resulting publicity may actually help establish a positive track record for Croatia's witness protection efforts, showing the public that the police can keep a witness safe, despite the media frenzy. CALL FOR FRESH WITNESSES -------------- ¶14. (C) With Fehir's repeated press statements making his story more and more impeachable in court, Bajic has made a public call for other witnesses to come forward. Some witnesses who have offered information in the past have re-emerged, as has a survivor of one of the executions. Bajic told PolOff he has sent investigators to take statements from several more, indicating he will likely be able to build a strong case. ¶15. (C) Bajic has already taken control of the investigation from his Osijek office, and there are many indications the Supreme Court will have to do the same with a trial. Veselinka Kastratovic, coordinator of war crimes trial monitors at the Osijek-based Center for Peace, Non-violence, and Human Rights, told PolOff that she doubts a Glavas trial in Osijek could be objective, as everyone from the police to the judges owes their careers to him. INVESTIGATION RIPPLES THROUGH POLITICAL SCENE -------------- ¶16. (C) The media have speculated extensively about political influence of both Glavas and PM Sanader on the process, calling into question the independence of Croatia's criminal justice system. While Bajic denies any political influence on his work, he admitted to PolOff that he feels trapped between Sanader and Glavas. While he carefully develops the case, the press accuses him of stalling to protect Glavas. If he pursues the case recklessly, he will be accused of acting on Sanader's political orders. Bajic also knows his legal reputation is on the line and will not indict Glavas without sufficient evidence. ¶17. (U) Perhaps in an effort to counterattack the HDZ, Glavas has brought Speaker of Parliament Vladimir Seks into question, pointing out that Seks was chief of the local wartime Crisis Headquarters at the time of some of the crimes, technically Glavas' superior in the chain of command though in reality without operational authority. "If there were crimes," Glavas said, "Seks should have known about them." Seks has denied any involvement in the atrocities, saying he led the Headquarters for just 55 days and rumors of the killings only surfaced after he had left. The city was in chaos at the time and "various groups and individuals who were not under anyone,s control" acted there of their own accord, he told the press. ¶18. (U) President Stjepan Mesic has also defended himself in the case, saying as President of Yugoslavia at the time he heard about "unacceptable" events in Osijek and the lack of a working legal system, but could do nothing. He claims attempts were made to remove Glavas but were unsuccessful. FRANK NNNN