MACEDONIA: MANAGING POLITICAL FALLOUT FROM THE

C O N F I D E N T I A L SECTION 01 OF 03 SKOPJE 000039

SIPDIS

SIPDIS

STATE FOR EUR/SCE PFEUFFER, S/WCI

E.O. 12958: DECL: 12/20/2016
TAGS: PREL PGOV PHUM ICTY MK
SUBJECT: MACEDONIA: MANAGING POLITICAL FALLOUT FROM THE
RETURN OF ICTY CASES

REF: 05 SKOPJE 895

Classified By: P/E CHIEF SHUBLER, REASONS 1.4(b) & (d).

SUMMARY


1. (C) The ICTY's impending return to Macedonian jurisdiction
of four unindicted cases which deal with acts allegedly
committed by ethnic Albanians (eAlbanians) during the 2001
conflict will raise political tensions here. The ethnic
Albanian opposition party DUI will argue, possibly with some
justification, that the cases should be exempt from
prosecution under the country's 2002 Amnesty Law. If the
Amnesty Law is not found to apply, and if official
investigation of the facts and evidence were to lead to
indictments, resulting prosecutions could involve several DUI
notables. Heightened political tensions, and judicial
weaknesses that could prevent local courts from handling the
cases in a fair and transparent manner, require a plan to
prevent eAlbanian reaction from causing political instability
in Macedonia.


2. (C) We believe the USG should join the consensus position
held by NATO, the EU and OSCE that, if and when the cases
return to Macedonian jurisdiction, it will be up to the GOM
to deal with the issue, taking fully into account the Amnesty
Law. In the meantime, we are working with our EU and OSCE
colleagues to support efforts to prepare for the return of
cases by providing special training in international
humanitarian law for judges, prosecutors and defense
attorneys, and to have in place a monitoring regime for any
trial that results from evidence-based indictments. End
Summary.

RETURN OF ICTY CASES WILL RAISE POLITICAL TENSIONS


3. (C) After numerous delays over the past two years
(reftel),the ICTY currently plans to return to Macedonian
jurisdiction in 2007 the first of four cases dealing with
acts allegedly committed by ethnic Albanians during the 2001
inter-ethnic conflict. The ICTY did not bring indictments in
any of the four cases, but did indict two ethnic Macedonians
(ex-Minister of Interior Ljube Boskovski and his aide) in a
separate case for war crimes allegedly committed in the
ethnic Albanian town of Ljuboten in 2001. ICTY trials in the
Ljuboten case may begin in April. If the Ljuboten trials
begin as scheduled, we can expect strong eMacedonian public
and political pressure to try at least one of the four
eAlbanian cases as a political "counterweight."

APPLICABILITY OF AMNESTY LAW RESTS WITH PUBLIC PROSECUTOR


4. (C) The return of the four cases will raise political
tensions here, as ethnic Albanian DUI opposition leaders
argue with some justification that the country's 2002 Amnesty
Law exempts the suspects from domestic prosecution. (NOTE:
All of the cases involve allegations against persons once
associated with the eAlbanian insurgent group that fought
during the 2001 conflict, most of whom are now DUI leaders or
members. END NOTE.) The ethnic Albanian governing coalition
partner DPA has not fully shared the DUI view, but DPA VP
Menduh Thaci recently told us that the cases would have to be
reviewed by both/both eMacedonian and eAlbanian prosecutors
in order to determine whether amnesty applies. At least one
of the cases involves a former insurgent who is now a DPA
member.


5. (SBU) In fact, under the Amnesty Law, the Macedonian
Public Prosecutor in the first instance court district that
has jurisdiction for the case will be responsible for
determining whether the Amnesty Law applies in that case.
Persons accused of war crimes also may apply for amnesty to
the first instance court that has jurisdiction for the case.
If amnesty is granted, the prosecutor cannot appeal that
decision.

ADDRESSING JUDICIAL SYSTEM WEAKNESSES....


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6. (SBU) The previous government worked to address judicial
system weaknesses by passing a law on courts designed to
strengthen the independence and efficiency of the judiciary.
It also passed a witness protection law to strengthen witness
protection in serious crimes cases. In 2006, with USAID
support, the government inaugurated a new courtroom for
Skopje Basic Court One, which will provide secure facilities
and adequate witness protection for prosecuting "serious and
complex crimes," including war crimes cases. The government
is planning to pass by late January a Law on Cooperation with
the ICTY that would formalize procedures for coordinating
with the ICTY on war crimes cases.

...TRAINING AND MONITORING


7. (C) Embassy's OPDAT staff have been working for the past
year with the Skopje OSCE mission to provide training to
judges and prosecutors in international humanitarian law,
including war crimes law. The OSCE has pledged to keep the
ICTY updated regularly on its assessment of the Macedonian
courts' ability to handle war crimes cases. In addition, the
ICTY has offered the GOM support in building the judiciary's
capacity to process such cases.


8. (C) In November 2006, the Ambassador and EU Special
Representative approached PM Gruevski and Justice Minister
Manevski to urge GOM acceptance of OSCE monitoring of war
crimes investigations and trials. Both Gruevski and Manevski
supported OSCE monitoring, with Manevski commenting that it
would help ensure impartiality and objectivity in "these very
sensitive cases." OSCE Skopje plans to hire a senior judge
with ICTY experience to act as a consultant and trainer for
OSCE monitors, who would observe any trial involving one or
more of the four cases. (Comment: We consider it important
that OSCE ensure that this judge spend considerable time in
Macedonia, rather than just visiting periodically. End
Comment.)


9. (C) Manevski also underscored during the meeting the need
for proper training for the prosecutors and judges who would
be involved in war crimes trials. In addition, he noted that
the Justice Ministry had expanded its list of candidate
judges for handling the cases, to include more candidates
from "non-majority ethnic communities."

INTERNATIONAL COMMUNITY CONSENSUS ON RETURN OF CASES


10. (C) Despite the political and judicial challenges
inherent in returning the cases to local jurisdiction, both
the EU and OSCE support the GOM's desire to allow the
judicial process to run its course, provided adequate
training is provided and judicial safeguards are in place to
ensure a fair and transparent process. NATO has moved away
from its earlier opposition to the return of cases (reftel),
with NATO HQs having issued in early 2006 a public statement
that: "If and when the (case) files return to Macedonia, it
will be up to the authorities in the country to deal with the
issue, taking into account that there is an Amnesty Law
related to the conflict of 2001." Post believes the USG
should follow the NATO policy, which is in line with the EU
and OSCE positions regarding the disposition of the ICTY
cases.

GOVERNMENT PONDERS FURTHER DELAY


11. (C) During a January 11 meeting with P/E Chief, the Prime
Minister's Chief of Staff reported that PM Gruevski was
considering asking for a further delay in the return of
cases. Having taken into account the impending Kosovo final
status resolution, the approach of the Boskovski trial, and
the poor state of government relations with DUI, the
government has decided it would be best for the cases to
begin coming back at the end of 2007, or later. P/E Chief
concurred with that assessment, noting it would be best not
to rush the return until the necessary judicial reforms and
measures were in place.

COMMENT

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12. (C) Given existing weaknesses in the Macedonian judiciary
and the likelihood of strong political reaction from
eAlbanians to the return of cases, the preferred outcome of
this process would be for the ICTY to delay the return.
However, since the ICTY appears intent on beginning the
returns process in 2007, we believe it is prudent in the
meantime to develop a plan for managing the likely political
fallout. To bolster confidence in the judicial system, we
intend to continue to provide training for Macedonian
judicial authorities, while developing a monitoring regime to
ensure impartiality, transparency and objectivity in those
cases that come to trial.
MILOVANOVIC