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