GLAVAS: PROSECUTOR ASKS PARLIAMENT TO STRIP

C O N F I D E N T I A L ZAGREB 000560 SIPDIS SIPDIS DEPT FOR EUR DICARLO; EUR/SCE ENGLISH, BELL; S/WCI HODGKINSON; L/EUR JOHNSON; INR MORIN DEPT PLEASE PASS TO NSC BRAUN E.O. 12958: DECL: 05/02/2016 TAGS: PGOV KAWC HR WAR CRIMES SUBJECT: GLAVAS: PROSECUTOR ASKS PARLIAMENT TO STRIP IMMUNITY REF: A. ZAGREB 233 ¶B. ZAGREB 01 ¶C. 05 ZAGREB 1254 ¶D. 05 ZAGREB 827 Classified By: Ambassador Ralph Frank for reasons 1.4 (b) & (d) ¶1. (U) SUMMARY AND COMMENT: Chief State Prosecutor Mladen Bajic asked Parliament on April 25 to strip Osijek strongman Branimir Glavas of his immunity as an MP in order to indict him on charges of war crimes against ethnic Serb civilians in 1991 (reftels). Speaker of Parliament Vladimir Seks, who served as chief of the Osijek wartime Crisis Headquarters at the time of some of the crimes but with no operational authority, has forwarded the request to the Committee on Credentials and Privileges which could make a recommendation to Parliament before the next full session on May 10. Given the serious nature of the accusations, which include both individual and command responsibility for systematic torture and execution, Seks expressed confidence that Parliament would approve the request. ¶2. (C) Glavas, who also serves as city council president in Osijek, has called the charges a political attack aimed at toppling the local government, which is dominated by Glavas loyalists who broke ranks with PM Ivo Sanader and his ruling Croatian Democratic Union (HDZ) last year. In retaliation, Glavas has threatened to pin responsibility on Seks, who was technically Glavas' superior in the chain of command. In reality, however, Seks had no operational authority in Osijek and likely has little to answer for from his wartime service. Bajic was extremely careful in preparing this case given the political sensitivity, and both the Croatian public and the international community are much too interested for Parliament to refuse the prosecutor's request. END SUMMARY AND COMMENT. THE THICK DOSSIER AGAINST SLAVONIA'S KINGPIN -------------- ¶3. (C) Bajic told PolOff previously that he would not indict Glavas without compelling evidence, or he would risk being accused of being a political pawn. He recently crossed that threshold, telling PolOff that at least one witness who was previously too frightened to testify had finally agreed to appear. According to press reports, there are at least eight witnesses and torture victims currently in Serbia who have given testimony to an investigative judge -- this can now be used as evidence at trial even if the witnesses themselves do not appear. ¶4. (C) Bajic carefully set the stage for his latest move. Not coincidentally, the news of the request to strip Glavas' immunity comes in the wake of April indictments against Fred Margus and Tomislav Dilber, both accused of similar crimes against ethnic Serb civilians in Osijek and both feared by many potential witnesses. Bajic is also making full use of Croatia's witness protection capabilities, which have improved markedly since last year in part due to USG assistance. GLAVAS LASHES OUT AS NOOSE TIGHTENS -------------- ¶5. (C) After months of blustery attacks against the ongoing investigation and comments that he heroically saved the city doing what the war required ("I wasn't running a kindergarten," he explained),Glavas now clearly feels cornered. He is threatening essentially to bring Seks and the HDZ down with him, saying Seks and other HDZ appointees were "only one floor above me and they are responsible for all decisions." He plans to use his 15 minutes at the next Parliamentary session to tell everything that has "so far been unknown to the Croatian public and international institutions." ¶6. (C) COMMENT: Intimidation is the Glavas trademark, and his latest comments are clearly a bluff to discourage moves to strip his parliamentary immunity. END COMMENT. FRANK