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


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