BOSNIA - BUGOJNO WAR CRIMES AND DEFENSE MINISTER

C O N F I D E N T I A L SECTION 01 OF 02 SARAJEVO 002046

SIPDIS

SIPDIS

DEPT FOR EUR (DICARLO),EUR/SCE (HOH, FOOKS),S/WCI
(WILLIAMSON, LAVINE); NSC FOR BRAUN; DOD FOR CAGAN, FATA,
BEIN; USNIC FOR WIGHTMAN

E.O. 12958: DECL: 09/25/2017
TAGS: PGOV PHUM KAWC KJUS KCRM MARR BK
SUBJECT: BOSNIA - BUGOJNO WAR CRIMES AND DEFENSE MINISTER
CIKOTIC

REF: A) SARAJEVO 1999 B) SARAJEVO 832

Classified By: Michael J. Murphy. Reasons 1.4 (B) and (D)


1. (C) SUMMARY: On September 19, the State Prosecutor,s
Office confirmed indictments of two individuals in its
ongoing investigation of war crimes committed by the Army of
Bosnia and Herzegovina (ABiH) in and around Bugojno during
the 1992-1995 war. Bugojno was the scene of heavy fighting
between the ABiH and Croat Defense Forces (HVO) in 1993-1994,
and current Defense Minister Citkotic was commander of ABiH
units based in the area at this time. Cikotic is not
mentioned in the indictment, but Croat war veterans groups
have repeatedly accused Cikotic of war crimes. A contact at
the State Prosecutor,s office told us that a Cikotic
indictment for &command responsibility8 was possible, but
emphasized that it is still too early to make that
determination. Regardless, the press surrounding the Bugojno
trials is likely to reinvigorate Croat war veterans,
anti-Cikotic campaign. Cikotic is a valuable U.S. ally and a
strong proponent of defense reform. Though he has been
cleared of wrongdoing in the past, if Cikotic were indicted
or forced to resign, it would be a major setback. END SUMMARY


FIRST INDICTMENT CONFIRMED IN BUGOJNO CASE
--------------


2. (U) On September 19, the State Prosecutor,s Office
confirmed its first indictment for war crimes committed by
the Army of Bosnia and Herzegovina (ABiH) in the village of
Bugojno between 1993 and 1994. Prosecutors accused Nisvet
Gasal and Musajb Kukavica of directing war crimes that took
place at the Iskra prison camp. Gasal, the prison camp,s
commander, and Kukavica, the camp,s security chief,
allegedly oversaw the beating, torture, and inhumane
treatment of more than 300 Bosnian Croat civilians, some of
whom were also murdered. The men also allegedly took part in
the disappearance of more than 13 Croats who were taken to
the headquarters of the ABiH,s 307the Brigade and presumably
killed. Their trial is expected to begin in the next two to
three months. Police have arrested two other suspects as
part of the ongoing investigation, but neither have been
charged with any crime.

A POSSIBLE CIKOTIC LINK
--------------


3. (C) For months, Croats, particularly Croat war veterans
groups, have pressured the State Prosecutor,s Office to hand
down indictments in the Bugojno case. Zeljko Komsic, the
Croat member of the Tri-Presidency, has also repeatedly
called for the Bugojno investigation to remain a priority.
(Note: Earlier in the year, his Chief of Staff told us that
Komsic,s aim was to improve his standing among Croat voters,
many of whom do not see him as a &real Croat8 because he
fought with the ABiH during the 1992-1995 war and was elected
with mainly Bosniak votes. End Note) Croat war veterans,
unlike Komsic, have also focused their public campaign on
Cikotic, opposing his nomination as Minister of Defense and
accusing him of &command responsibility8 for war crimes
committed in and around Bugojno. Cikotic was a Major with
&Operational Group West,8 whose area of operation included
Bugojno.


4. (C) When asked about Cikotic,s alleged role in Bugojno
war crimes, a prosecutor and good contact at the State
Prosecutor,s Office told us that there is a chance Cikotic
could be indicted, but emphasized that it was too early in
the Bugojno investigation to say for certain whether he would
be. The prosecutor said Cikotic was not mentioned in the
Gasal or Kukavica indictments, but it appeared that Cikotic
had command responsibility of the Iskra detention camp for at
least part of the time when the alleged crimes took place.
The prosecutor told us that he understood the International
Criminal Tribunal of the Former Yugoslavia (ICTY) told NATO
several years ago that ICTY believed it did not have a case
against Cikotic. However, our contact pointed out that this
did not mean that evidence against Cikotic did not exist or

SARAJEVO 00002046 002 OF 002


that another institution could not initiate a case against
him.

COMMENT
--------------


5. (C) It is too early to jump to conclusions, but the
possibility that the case against Gasal and Kukavica may
produce incriminating evidence against Minister Cikotic is
troubling. We have maintained that Cikotic, who has been
repeatedly cleared of war crimes by ICTY and NATO, should be
prosecuted if evidence linking him to crimes surfaces.
However, the case against him to date has largely manifested
itself in the form of unsubstantiated assertions made
primarily by Croat war veterans groups. We do not rule out
the possibility that people indicted on Bugojno war crime
charges may falsely accuse him of having command
responsibility in an attempt to save their own skins.
Minister Cikotic has been a key supporter of U.S. and NATO
goals and has provided momentum to defense reform, which
remains Bosnia,s most important achievement and one of the
few bright spots in an otherwise gloomy political
environment. If Cikotic were hounded from office by
unsubstantiated allegations, or more seriously, forced to
resign because he was indicted, Bosnia would suffer a major
setback.

CEFKIN