JUDGE ORDERS GLAVAS DETAINED

C O N F I D E N T I A L ZAGREB 001285

SIPDIS

SIPDIS

DEPT FOR EUR DICARLO; EUR/SCE - HOH, BALIAN;
S/WCI WILLIAMSON, BERG; L/EUR JOHNSON; INR MORIN
DEPT PLEASE PASS TO NSC BRAUN

E.O. 12958: DECL: 10/22/2016
TAGS: PGOV KAWC HR WAR CRIMES
SUBJECT: JUDGE ORDERS GLAVAS DETAINED

REF: ZAGREB 884 AND PREVIOUS

Classified By: Political Officer Tom Selinger for reasons 1.4 (b) & (d)
.


1. (U) SUMMARY AND COMMENT: The Zagreb County Court today
ordered the detention of MP Branimir Glavas to prevent him
from intimidating witnesses in an ongoing war crimes
investigation that implicates him in the torture and murder
of Serb civilians in Osijek in 1991 (reftels). Parliament,
which earlier voted to lift Glavas' immunity from
prosecution, must now remove his immunity from arrest before
he can be taken into custody. This could occur as early as
October 24. In addition, the Chief State Prosecutor today
initiated a second criminal procedure against Glavas for
additional war crimes.


2. (C) After months of investigation and legal maneuvering,
the noose appears to be tightening around Glavas' neck. His
eventual arrest will mark a significant step forward in
upholding respect for the rule of law -- a local political
kingpin, whose wartime role in the murders of Serb civilians
has been an open secret in Croatia for 15 years, will finally
face justice. END SUMMARY AND COMMENT.

JUDGE REVERSES EARLIER DECISIONS TO DENY DETENTION
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3. (U) On October 23, Zagreb County Court Investigative Judge
Zdenko Posavec approved the prosecution's October 10 request
to detain Glavas based on evidence that he was tampering with
witnesses. Parliament's Committee on Mandates and Immunities
is now considering removal of Glavas' parliamentary immunity
from arrest and will then put the issue before the full
Parliament. This is separate from Glavas' immunity from
prosecution, which Parliament stripped in May.


4. (U) Posavec's decision, which reverses his three previous
denials of requests to detain Glavas, coincides with
initiation of a separate criminal procedure against the
Osijek strongman by Chief State Prosecutor Mladen Bajic.
This second investigation, which has already resulted in the
October 21 arrest of six other suspects, accuses Glavas of
directly ordering the execution of up to 15 Serb civilians in
Osijek in 1991-92. These murders have become known as
"Operation Cello-Tape" due to the way the victims were bound
before they were executed and thrown in the Drava River.

PROSECUTOR SHIFTS FOCUS BACK TO OSIJEK
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5. (C) Bajic told PolOff October 21 that he believes these
new charges make it clear that there is no basis for Glavas'
claims that the investigation against him is politically
motivated due to his conflict with PM Ivo Sanader. Bajic
also stressed the fact that he would file the second criminal
procedure against Glavas in Osijek rather than Zagreb,
appearing to regret his decision early in the first
investigation to ask the Supreme Court for a change of venue
from Osijek to Zagreb. Bajic had grown frustrated with
Posavec's earlier denials of detention and expressed
confidence that the Osijek court is up to the challenge of
trying one of the most influential political figures in
eastern Croatia.


6. (C) COMMENT: Glavas could therefore face trials both in
Zagreb and in Osijek, presenting a unique opportunity to
assess the relative development of each court. Several key
figures in the Osijek County Court and the County Office of
the State Prosecutor have participated extensively in the
Embassy's war crimes trial capacity-building project. Post
holds them in high regard and shares Bajic's optimism. END
COMMENT.
BRADTKE