CROATIA AND SERBIA TO EXCHANGE WAR CRIMES EVIDENCE

C O N F I D E N T I A L ZAGREB 001251 SIPDIS SIPDIS DEPT FOR S/WCI, EUR/SCE E.O. 12958: DECL: 10/15/2016 TAGS: PREL KAWC PGOV SR HR WAR CRIMES SUBJECT: CROATIA AND SERBIA TO EXCHANGE WAR CRIMES EVIDENCE REF: ZAGREB 941 Classified By: Political Officer Tom Selinger for reasons 1.4 (b) & (d) . ¶1. (U) SUMMARY AND COMMENT: Chief State Prosecutor Mladen Bajic and Serbian War Crimes Prosecutor Vladimir Vukcevic signed a bilateral agreement in Zagreb October 13 on cooperation in war crimes prosecutions. Like the document Bajic signed with his Montenegrin counterpart in July (reftel),the agreement is aimed at overcoming both countries' constitutional bans on the extradition of their own citizens, which often put suspects out of reach of prosecutors where the crime was committed. In cases of Serbian citizens accused of war crimes in Croatia, Bajic can now transfer evidence to Belgrade so Vukcevic can prosecute the suspects in Serbia. ¶2. (C) Bajic continues to play the leading role in advancing regional cooperation in war crimes cases, but not without political risk. Many relatives of Croatian victims of war crimes vehemently oppose evidence transfer due to their mistrust of the Serbian judiciary. At the same time, the public rejects any talk of lifting the prohibition on the extradition of Croatian citizens. While some in the international community may still push for constitutional changes to allow extraditions, Bajic's practical compromise is a tremendous step forward in ending impunity in the region. END SUMMARY AND COMMENT. AGREEMENT WITH PODGORICA WORKING, NOW BELGRADE'S TURN -------------- -------------- ¶3. (C) Bajic told PolOff that his staff had already delivered evidence in a number of cases to Montenegro, and the procedure seemed to be going smoothly. He expects similar results with Serbia. He emphasized, however, that he will only transfer evidence when it is sufficient for a solid case, as prosecution on the other side of the border is voluntary. STILL NO COMMON GROUND WITH BiH -------------- ¶4. (C) Bajic would like a similar arrangement with Sarajevo, he told PolOff, but has not found any interest there to date. The Bosnian government is still pushing for extraditions, according to Bajic. Unlike the situation with Montenegro and Serbia, Croatia is home to some of the accused in cases under BiH jurisdiction, and evidence would be passed in both directions. DELAWIE