REGIONAL PROSECUTORS MEET ON WAR CRIMES COOPERATION

UNCLAS SECTION 01 OF 02 ZAGREB 000956 SIPDIS SIPDIS DEPT FOR S/WCI WILLIAMSON DEPT FOR EUR/SCE HOH AND BALIAN DEPT FOR INR/MORIN NSC FOR BRAUN SARAJEVO FOR CARLIN BELGRADE FOR NAZZARO PODGORICA FOR LIE PRISTINA FOR LUM E.O. 12958: N/A TAGS: KAWC ICTY PREL PGOV HR WAR CRIMES SUBJECT: REGIONAL PROSECUTORS MEET ON WAR CRIMES COOPERATION ¶1. (U) SUMMARY: Between 2-4 October, on the island of Hvar in Croatia, S/WCI and DoJ OPDAT hosted a regional conference on war crimes cooperation that gathered Chief State Prosecutors and their deputies from Bosnia, Croatia, Macedonia, Montenegro, and Serbia, together with representatives of ICTY, USG, and OHR in Bosnia. The conference addressed the transition in responsibility for prosecuting war criminals from the ICTY to regional prosecutors, focusing on the need for regional cooperation. Among the items discussed were the transfer of cases from the ICTY, extradition issues, State Prosecutors' efforts to compile an inventory of cases, access to ICTY documents and archives, and the exchange of information between State Prosecutors. The conference deepened dialogue and the existing cooperation and laid out a path for transition after ICTY's closure. Participants offered recommendations for the transition, including enhancement of ICTY's transition team presence in the region, training on database access, and the creation of a standardized regional protocol for war crimes prosecution. After reviewing current cooperation the participants agreed that regional cooperation on war crimes generally is strong and efficient. END SUMMARY. Regional Cooperation Strong -------------- ¶2. (U) At the event, all state prosecutors agreed that cooperation with regard to war crimes prosecutions was satisfactory and ongoing, facilitated by bilateral agreements that allow direct cooperation between state prosecutors in all criminal matters and that permit the efficient and timely exchange of information. Regarding war crimes prosecutions and ongoing investigations, Croatian Chief State Prosecutor Mladen Bajic pointed to Croatian agreements on the transfer of evidence with Serbia and Montenegro, which provide for direct exchange and transfer of evidence between countries. These agreements have helped alleviate the issue of non-extradition, which, according to domestic legislation, prevents the extradition of a citizen to a foreign country. To date, Croatia has successfully transferred information pertaining to several cases to Serbia and to Montenegro. Bosnia has not signed an agreement with Croatia, Serbia or Montenegro because of a lack of domestic political support. Croatians to Share Methodology Regionally -------------- ¶3. (U) Regional Prosecutors assessed cooperation with the ICTY as very good, especially regarding the transfer of 11 bis cases. It was agreed that Croatian prosecutors would share their database with other participants. In particular, their methodology groups information on war crimes cases by events, rather than by individuals. It should provide a uniform practice of information grouping and data compatibility, and will enhance the regional exchange of information. Participants noted the need to compile a regional inventory of cases so as to avoid duplication of investigations. State Prosecutors from Croatia recommended comprehensive training on ICTY's database, as until now they have encountered difficulties in searching for files and evidence among nine million different documents. Croatia's Deputy State Prosecutor Dragan Novosel told participants it was necessary to train some staff on electronic databases research, which ICTY offered to regional prosecutors. Recommendations and Conclusions -------------- ¶4. (U) Draft conclusions of the conference, subject to revision by the ICTY and the Prosecutors of Bosnia, Croatia, Macedonia, Montenegro, and Serbia, are as follows: BEGIN TEXT: Reaffirming the conclusions of the Brijuni meeting, all parties will continue to work towards their achievement. In addition: - The ICTY Transition Team will continue to visit capitals. - The ICTY will increase access to the Electronic Data System and increase training. - All parties will seek solutions to the problem of access to protected information held by the ICTY or governments. - Prosecutors in the region will provide inputs on issues and capabilities that should be addressed in the ICTY legacy/residual process, including the role of the transition team (or a similar expert group) once the Tribunal closes. - Prosecutors in the region will support trips to The Hague by prosecutors and/or appropriate staff, working closely with the ICTY ZAGREB 00000956 002 OF 002 to address language compatibility issues that might interfere with the process. - Croatia's Office of the Chief State Prosecutor will share its database with other prosecutors' offices in the region and elicit comments within 15 days. - All parties will develop means to identify successful practices and prosecutorial tools (such as the Croatian database) and facilitate the sharing of information on these approaches between offices. Noting the utility of continuing discussions on a range of issues addressed both at Brijuni and Hvar, parties agree to continue to meet regularly to discuss the Brijuni process, as needed, and to continue to consult informally as well. This cable was cleared by S/WCI/Lavine. END TEXT BRADTKE