CROATIAN PROSECUTOR LEADS THE REGION IN "PALIC

C O N F I D E N T I A L SECTION 01 OF 02 ZAGREB 000159 SIPDIS SIPDIS DEPT FOR EUR, EUR/SCE, S/WCI JUSTICE FOR OPDAT - VALDER E.O. 12958: DECL: 02/11/2017 TAGS: PREL KCRM HR WAR CRIMES SUBJECT: CROATIAN PROSECUTOR LEADS THE REGION IN "PALIC PROCESS" COOPERATION REF: A. 06 ZAGREB 1251 ¶B. 06 ZAGREB 941 ¶C. 06 ZAGREB 898 ¶D. BELGRADE 188 Classified By: Political Officer Tom Selinger for reasons 1.4 (b) & (d) . ¶1. (U) SUMMARY AND COMMENT: Chief State Prosecutor Mladen Bajic told Ambassador Bradtke and Ambassador-at-Large for War Crimes Issues Clint Williamson on February 7 that he has transferred evidence in five war crimes cases to Belgrade War Crimes Prosecutor Vladimir Vukcevic under an October 2006 cooperation agreement (ref A). ¶2. (C) Bajic's office is also in final preparations to transfer evidence in a case involving the Morinje prison near Dubrovnik to the prosecutor in Montenegro under a July 2006 agreement (ref C). ¶3. (U) All these crimes were committed in Croatia, but the suspects are located in a neighboring jurisdiction and cannot be extradited due to constitutional prohibitions. Croatian prosecutors will follow each case as it is tried, and will drop the domestic case if they are satisfied with the prosecution next door. These evidence transfers demonstrate Bajic's political courage in leading the way to greatly increased regional cooperation among prosecutors -- the focus of the OSCE's so-called "Palic Process." END SUMMARY AND COMMENT. ENCOURAGING SAME MODEL FOR BiH -------------- ¶4. (U) Ambassador Williamson praised Bajic's efforts in advancing cooperation among prosecutors, calling his work a model for the region. Williamson encouraged Bajic to continue his efforts to reach a similar evidence transfer agreement with Sarajevo while acknowledging the opposition to such an arrangement within the BiH judiciary. Williamson said the success of Croatia's agreements with Montenegro and Serbia can serve as a signal to BiH skeptics that justice can be served through such cooperation. ¶5. (C) Bajic stressed that his prosecutors routinely cooperate with their BiH colleagues on ongoing cases, but that his efforts to reach an evidence transfer agreement with BiH have been thwarted by BiH court president Meddzida Kreso. Bajic noted that Kreso told him privately that the international community had invested too much money in her court for her to send cases to Croatia and Serbia. ¶6. (C) Bajic said he believes BiH chief prosecutor Marinko Jurcevic is willing to transfer evidence but lacks political support. Bajic recounted how Jurcevic was almost dismissed after Serbian prosecutor Vukcevic mentioned at a press conference that he was discussing the possibility of evidence transfer with him. PUBLIC PERCEPTION AND POLITICAL SUPPORT ARE KEY -------------- -- ¶7. (U) In Croatia, high-level political support has been key to curbing any public opposition to transferring evidence to Montenegro and Serbia, according to Bajic. Both President Mesic and PM Sanader played active roles in laying the groundwork for the bilateral transfer agreements. ¶8. (U) In addition, Bajic has been careful to avoid both weak and controversial cases, choosing only cases with solid evidence and low to mid-level defendants. Bajic has also clearly articulated to the public that these agreements are non-binding. They only provide the possibility for transfer; in every case each party will decide whether or not to transfer or accept the evidence, and in the end, whether or not to drop the original case after the neighboring trial. OVERTURNED OVCARA VERDICT WILL ONLY INCREASE COOPERATION -------------- -------------- ¶9. (SBU) When asked about his reaction to the Serbian Supreme Courts decision to overturn the convictions in the Ovcara case in Belgrade, Bajic said it will only lead to an increase in his cooperation with Vukcevic. According to Bajic, Vukcevic called him immediately upon learning of the Supreme Court's decision, as Croatia had provided both evidence and facilitated witness testimony in the case. Bajic said he advised Vukcevic to expand the indictment and press on to ZAGREB 00000159 002 OF 002 show the public that this would not slow down his work. As a result, Vukcevic will reportedly add new defendants to the case, and Bajic said his office is prepared to broaden its work to support him. THREE PROSECUTORS WITH DEL PONTE AT REGIONAL CONFERENCE -------------- -------------- ¶10. (U) Bajic, Vukcevic, and Jurcevic all met in Zagreb during the NGO-organized International Conference on Establishing the Truth about War Crimes and Conflicts in Zagreb February 8-9. In addition to bilateral meetings on regional cooperation, the three met with ICTY Chief Prosecutor Carla Del Ponte on cooperation with the Hague Tribunal. ¶11. (U) Ambassador Williamson did not have the opportunity to clear this cable. BRADTKE