Verdict in the Djindjic Case

UNCLAS SECTION 01 OF 02 BELGRADE 000785

SIPDIS

SENSITIVE
SIPDIS

DOJ FOR CARL ALEXANDRE

E.O. 12958: N/A
TAGS: PGOV KDEM KJUS SR
SUBJECT: Verdict in the Djindjic Case


1. (SBU) Summary: The Special Court in Belgrade
rendered its verdict in the case of the March 12, 2003
assassination of former Prime Minister Zoran Djindjic,
convicting all twelve defendants and sentencing them
to harsh penalties by Serbian standards. Even though
the verdict is subject to appeal (by both the defense
and the prosecution),the successful adjudication of
the most important organized crime case in Serbia is a
positive harbinger of Serbia's capacity to
successfully handle high profile cases. End Summary.


2. (SBU) The Organized Crime Department of the
Belgrade District Court, the so-called Special Court,
convicted all defendants on several counts:
conspiracy against the constitutional order and
security of the state, the assassination of a high
state official, and attempted murder (in an earlier
unsuccessful assassination attempt against Djindjic).
The defendants received stiff sentences for Serbia,
ranging from 30-40 years of imprisonment, including
the maximum 40 years sentence for organizer Milorad
Ulemek, aka "Legija", and shooter Zvezdan Jovanovic.
Four sentences of 35 years were also handed down to
accomplices Aleksandar Simovic, Ninoslav
Konstantinovic (in absentia as he is at large),
Vladimir Milisavljevic (at large),and Sretko Kalinic
(at large). Five sentences of 30 years were handed
down to Milos Simovic (at large),Milan Jurisic (at
large),Dusan Krsmanovic, Branislav Bezarevic, and
Zeljko Tojaga. Accomplice Sasa Pejakovic received the
lightest sentence at 8 years. All defendants were
sentenced for the most serious of the three charges
against them as Serbia does not allow for consecutive
sentencing.


3. (SBU) Presiding Judge Nata Mesarovic, in her
three-hour explanation of the verdict, stated on
behalf of the three judge trial panel that this was a
political assassination and a crime against the state,
as the conspiracy was undertaken with the intent to
endanger the constitutional order and security by
committing crimes in order to gain influence over the
highest state institutions. The verdict established
that the joint criminal enterprise that planned and
executed the murder of the Prime Minister, was
composed of members of the Ministry of Interior's Unit
for Special Operations (JSO or Red Berets) and the
Zemun criminal gang.


4. (SBU) The verdict established that the motivation
of the shooter was the fear that JSO members would be
extradited to the International Criminal Tribunal in
The Hague and the unit would be disbanded, while the
motivation of Legija and others was the fear that the
state would crack down on organized crime, as it had
started seriously investigating political murders
ordered by the Slobodan Milosevic regime, as well as
kidnapping and other crimes in which they were
involved.


5. (SBU) The legal explanation stated that the verdict
is based on corroborating evidence, including: the
confession of the shooter, Zvezdan Jovanovic; the
confession of group member Dusko Krsmanovic (made both
to police and during the court investigation, as well
as in the closing argument); the testimonies of the
four witness-collaborators, witnesses; and medical and
ballistic forensic evidence. The Court found that
there were only two shots, and not three, as some
parties in the case claimed. The Court also provided a
detailed explanation as to why it did not find the
defendants' defense credible.


6. (SBU) The Court refrained from addressing the
broader political context of the murder - whether or
not the group had support for the assassination of the
Prime Minister from some political forces in the
country (as has been alleged by Djindjic supporters
and, more notably, by high profile and very reputable
lawyers for the damaged side). In particular, the
Court did not address the issue of a meeting between
Head of State Security Rade BULATOVIC, then-Minister
of Justice Zoran Stojkovic, Minister of Interior
Dragan Jocic, and Legija immediately after the latter
surrendered to the authorities - a violation of
criminal law and procedure - despite criticism from
former Djindjic administration officials that the
meeting was illegal and pointed to involvement by
these officials in the assassination conspiracy.

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7. (SBU) Comment: The rendering of the first
instance judgment in this most important organized
crime case is a big step for Serbia and restores some
trust in its justice institutions and the Rule of Law.
Conviction and severe penalties show that Serbian
judiciary is capable and willing to combat organized
crime, at least in the highest profile cases. Legija
has already been convicted in the murder of former
Serbian President Ivan Stambolic, for which he was
also sentenced to 40 years. The Stambolic verdict is
on its third and last appeal. We expect the defense
to appeal the Djindjic conviction as well, meaning it
will be some time before Legija has any convictions in
full legal effect against him. Meanwhile, he remains
in custody. Prosecutors, for their part, have also
vowed to appeal the verdicts in the hopes of winning
even harsher sentences for the remaining gang members.
End Comment.

POLT