DECISION TO RELEASE GLAVAS OVERTURNED

UNCLAS ZAGREB 001466 SIPDIS SIPDIS DEPT FOR EUR DICARLO; EUR/SCE HOH, BALIAN; S/WCI WILLIAMSON, LAVINE; L/EUR JOHNSON; INR MORIN DEPT PLEASE PASS TO NSC BRAUN E.O. 12958: N/A TAGS: PGOV KAWC HR WAR CRIMES SUBJECT: DECISION TO RELEASE GLAVAS OVERTURNED REF: ZAGREB 1436 AND PREVIOUS ¶1. A Zagreb County Court panel of judges on December 11 quashed the December 2 decision of investigative judge Zdenko Posavec to release MP Branimir Glavas from detention and suspend further investigative hearings into his suspected involvement in war crimes against Serb civilians in 1991 in the so-called "Garage" case (reftels). The panel also ordered Posavec to request a new medical examination of Glavas to determine if he is capable, after his 37-day hunger strike, of following the criminal procedure against him. ¶2. Deputy State Prosecutor Josip Cule explained to Post that Judge Posavec must now rule again on the original defense motion to suspend the investigation and release Glavas from custody, providing either a different decision or new legal reasoning for his original ruling. Glavas will remain in the hospital in Osijek until Posavec announces his decision. ¶3. Meanwhile, Osijek County Court investigative judge Mario Kovac must deal with a similar motion from Glavas' defense attorneys in the so-called "Cello-tape" case. He has stated publicly that he is waiting for a final ruling from Posavec before he decides. BRADTKE