Trial of Djindjic Assassins in Final

UNCLAS BELGRADE 000808

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV KDEM KJUS SR
SUBJECT: Trial of Djindjic Assassins in Final
Stages


1. (SBU) Summary: The trial of the suspected
assassins of former Prime Minister Zoran Djindjic
and their co-conspirators is nearing its final
stage. While obstacles could still arise which
may delay a final verdict, a ruling is expected
around October. Although the case is not done,
observers opine that the prosecution probably has
presented enough evidence to score a conviction.
End Summary.


2. (SBU) Milan Simic, Special Advisor for War
Crimes and Organized Crime in the SaM Ministry of
Human and Minority Rights, told poloff on April 20
that the "Djindjic" trial was at the end of the
evidentiary phase and the prosecution and defense
are preparing their closing arguments. The trial,
which began on December 22, 2003, is temporarily
paused and is scheduled to resume on May 10 so
that ballistic experts from Wiesbaden, Germany can
present their analysis of the assassination and be
examined by the defense. However, the ballistic
experts have not yet confirmed their attendance, a
fact which could further delay continuation of the
proceedings until June. (Note: The Court has
asked us to help with the Germans and with Human
and Minority Rights Minister Ljajic, who has a
role in international legal cooperation, in
arranging testimony via Digital Video link, which
is available at the Serbian Special Tribunal. The
Ambassador has raised it with the German
Ambassador who has helped arrange German
assistance; details are being worked out. End
Note) Simic said that he expects the panel of
judges overseeing the case to make a ruling in
October, following a summer recess from July 15 to
September 1. He added that enough evidence has
been presented to support a conviction.


3. (SBU) A few obstacles remain, however, that
could briefly postpone a final ruling. First, the
special prosecutor has requested the right to name
Dejan "Bugsy" Milenkovic as a witness collaborator
and depose him, which could postpone a ruling by
up to six months. Chief Judge Marko Klajevic
implied to emboffs on April 26, however, that he
is inclined to refuse the request as Bugsy's
testimony would not contribute significantly to
the prosecution's case and additionally may be
suspect. Second, should the police arrest the six
suspects who remain at large (the prosecutor
indicted 19 in all),Simic worried that this would
postpone the trial by up to 8 months. Klajevic,
however, said that he would not expect a delay of
longer than one month because, although the case
was not severed against the defendants at large,
their appointed defense counsels were present
throughout the trial. Third, observers were
concerned that the recent arrest on corruption
charges of Klajevic's brother, who had been the
chief justice for the Belgrade Commercial Court,
had affected his mental and physical health.
Kljajevic assured emboffs that he is in a sound
mental and physical state, is capable of
separating his role as a judge from the issue
pertaining to his brother, and is not planning to
go on sick leave or resign as the head of the
panel of judges.


4. (SBU) Comment: After 2.5 years, this dark
chapter in Serbia's transition may finally be
coming to a close. If so, it will be a victory
for Serbia's fledgling courts, which still suffer
from heavy political interference, corruption, and
inefficiency. It will also be a tribute to Judge
Klajevic, to the Special Court itself, which has
benefited from considerable U.S. assistance, and
to the slow but steady progress we have made in
strengthening the rule of law here. Klajevic has
worked closely with us and his professional and
meticulous work will probably minimize the
opportunity for a verdict to be overturned on an
appeal, should the court convict the indictees.
Embassy will continue to monitor the case closely
and assist the court to discharge its duty. End
Comment
POLT