BYTYQI UPDATE FROM WILLIAMSON VISIT

C O N F I D E N T I A L BELGRADE 001212

SIPDIS

SIPDIS

STATE FOR SWCI AND EUR/SCE
DOJ FOR ALEXANDRE

E.O. 12958: DECL: 08/01/2016
TAGS: ICTY KCRM PHUM PGOV PREL SR
SUBJECT: BYTYQI UPDATE FROM WILLIAMSON VISIT

REF: BELGRADE 1153 AND PREVIOUS

Classified By: DCM Rod Moore, reasons 1.4 (b,d)


1. (sbu) Summary: Ambassador-at-Large for War Crimes
Issues Clint Williamson pressed Serbian officials for results
in the seven year old Bytyqi brothers murder case, during his
July 25-28 visit to Belgrade (SEPTEL). Officials at all
levels, including MININT Jocic, reiterated their commitment
to solving the case and to work closely with FBI agents
assigned to the case in Washington. Ambassador Williamson
also delivered copies of a Letter Rogatory asking for
assistance in the case. End summary.


2. (c) In addition to information conveyed in reftels,
senior officials involved in the Bytyqi brothers murder
investigation provided additional details to visiting
Ambassador-at-Large for War Crimes Issues Clint Williamson in
meetings July 26-27. MININT Jocic assured Williamson that
solving the Bytyqi case is a top priority, his highest
priority after Mladic. He emphasized that, although the case
is some seven years old, his ministry had only started an
aggressive investigation some seven months ago, due to
"various reasons."


3. (c) Jocic reaffirmed that his MUP had two suspects in
custody (ref),but noted they were due to be released by
September 1 unless indicted. He promised to deliver to the
USG the complete translated case file from the last six
months. Jocic said he believed the government had an
unfinished, but broadly accurate, picture of what had
happened, but needed more compelling evidence to be able to
make prosecutions and convictions stick. One outstanding
problem, he noted, was that the orders for the killing appear
to have come from "the top," from former MUP general
Vlastimir Djordjevic, through then-deputy Gendarmerie
commander "Guri" Radosavljevic ) both of whom are currently
considered fugitives (Guri fled Serbia in March 2006, while
Djordjevic is believed to be in hiding from ICTY in Russia.
MUP officials indicated that Guri's family ) and maybe Guri
himself -- had returned to Serbia in late July 2006.). Both
Jocic and MUP War Crimes Unit chief Kostic maintained that
interrogations of these two, plus the local MUP commander in
Prokuplje, would be crucial to tightening up the case.
Kostic also indicated that the MUP believed it had narrowed
down to a list of four people who the shooter(s) was/were.


4. (c) In a separate meeting the following day, chief war
crimes investigative judge Milan Dilparic similarly assured
Williamson he was committed to solving the Bytyqi case. He
outlined his past cooperation with Embassy RLA and visiting
FBI investigators ) including allowing the FBI to observe
his interrogations of suspects, allowing them to submit
questions for the interrogation, and personally conducting
tours for FBI and RLA of the mass grave in Petrovo Selo and
allowing the visitors to question local residents and take
pictures.


5. (c) Responding to Williamson's concern over the pending
release of the suspects, Dilparic acknowledged that the
deadline for indicting was fast approaching, but sought to
reassure the Ambassador that their release would not stop or
compromise the investigation. He maintained that these
suspects had been uncooperative, providing little information
of use to the case, and said that even upon their release,
the government had the means to ensure that they remained
available for questioning in Serbia until the conclusion of
the case. Williamson told Dilparic that we remained
concerned that there was little pressure being put on these
men to reveal whatever information they did have. (Comment:
Dilparic did not explain why an indictment would not be
brought against Petrovo Selo deputy commander Popovic at
least on illegal detention charges. End Comment)


6. (c) Dilparic said he is now concentrating on "bigger
fish," looking to gain evidence against those who did the
killing and those who issued the orders. He noted that, as a
result of his own investigations, "new doors are opening."
Specifically, he said another witness had been identified,
one who saw (and, Dilparic claims, can identify) a JSO
officer taking the Bytyqi brothers from their holding cell
after/after the two suspects currently in custody claim to
have seen them. Dilparic said his efforts now are on
locating and bringing this JSO officer in. He said he would
interrogate the witness the week of July 31. Meanwhile, he
said ballistics had identified the type of weapon used in the
killings ) an HK semiautomatic with an integrated silencer.
Dilparic said this is a fairly rare weapon, and he is in the
process of tracking down from local MUP which units were
armed with them at the time.


7. (c) COMMENT: We believe Jocic is committed to putting
this case behind him, as he sees it as a major irritant in
our bilateral relationship. The progress that seems to have
been made in recent months gives credence to Jocic's claim
that the investigation had been blocked in the past, likely
both by Radosavljevic and by previous appointees to the MUP
War Crimes Unit chief's job, who themselves were under
suspicion for possible war crimes in the region at the time.
We are less convinced of Dilparic's commitment ) FBI has
told us he has been less than helpful, and has not vigorously
pursued lines of questioning they have proposed. Ambassador
Williamson delivered copies of a Letter Rogatory that will be
formally presented in coming days to Jocic and to Dilparic.
This gesture signaled continuing, high-level USG interest in
this case and alerted the GoS to our request for more
information and access in the case. We will continue our
pressure on the GoS to ensure that others down the chain keep
a sharp focus on this case.


8. (u) Ambassador Williamson has cleared this message.
MOORE