Identifier
Created
Classification
Origin
08BELGRADE1124
2008-10-30 07:22:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Belgrade
Cable title:  

SERBIAN JUDGE ORDERS FUGITIVE KOVACEVIC TO BE HELD WITHOUT

Tags:  CJAN PREL PGOV ODIP EAID SR 
pdf how-to read a cable
VZCZCXRO9208
PP RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHBW #1124/01 3040722
ZNR UUUUU ZZH
P 300722Z OCT 08 ZDK CTG RUEHFT #9206
FM AMEMBASSY BELGRADE
TO RUEHC/SECSTATE WASHDC PRIORITY 0587
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RHEHNS/NSC WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/HQ USEUCOM VAIHINGEN GE
UNCLAS SECTION 01 OF 02 BELGRADE 001124 

DEPT FOR EUR/SCE (P. PETERSON),CA/OCS/ACS (O. KINDER),L/LEI (P.
GUTHERIE),L/DL (C. BROWN),L/CA (G. BRANCATO),CA/OCS/PRI (E.
BETANCOURT)

SARAJEVO FOR LEGATT

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: CJAN PREL PGOV ODIP EAID SR
SUBJECT: SERBIAN JUDGE ORDERS FUGITIVE KOVACEVIC TO BE HELD WITHOUT
BAIL

REF: BELGRADE 1116

BELGRADE 00001124 001.2 OF 002


Summary
-------

UNCLAS SECTION 01 OF 02 BELGRADE 001124

DEPT FOR EUR/SCE (P. PETERSON),CA/OCS/ACS (O. KINDER),L/LEI (P.
GUTHERIE),L/DL (C. BROWN),L/CA (G. BRANCATO),CA/OCS/PRI (E.
BETANCOURT)

SARAJEVO FOR LEGATT

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: CJAN PREL PGOV ODIP EAID SR
SUBJECT: SERBIAN JUDGE ORDERS FUGITIVE KOVACEVIC TO BE HELD WITHOUT
BAIL

REF: BELGRADE 1116

BELGRADE 00001124 001.2 OF 002


Summary
--------------


1. (SBU) A Serbian judge has denied bail to fugitive Miladin
Kovacevic and former consul Slobodan Nenadovic, meaning both will
spend at least 30 days behind bars while Serbian investigators look
into charges against them. The story has attracted significant
local press coverage, with much ink devoted to the question of
whether the United States has ceded prosecution - or merely
investigation - of Kovacevic to the Serbian authorities. End
Summary.

Judge Denies Bail
--------------


2. (U) Late on October 28, an investigative judge of the Belgrade
Second Municipal Court ordered Serbian fugitive Miladin Kovacevic to
be detained for an initial 30 day period without bond. (As reported
reftel, Kovacevic was detained on October 28 in connection with his
alleged assault of U.S. citizen Bryan Steinhauer in May and his
subsequent flight from justice using a travel document obtained from
the Serbian consulate in New York under suspicious circumstances.)


3. (SBU) Ministry of Justice State Secretary Slobodan Homen
informed post's Resident Legal Advisor of the decision the same
evening, explaining that under Serbian law the detention would be
reviewed at the conclusion of the initial 30 day period. Homen
confirmed that the judge had also ordered the detention of former
Serbian consul Slobodan Nenadovic for 30 days while his role in the
case was investigated.

Story Dominates Press
--------------


4. (U) The story of Kovacevic's arrest dominated all electronic and
print media, featuring for the first time photos of a severely
injured Steinhauer in the hospital. The media noted that the judge
had ordered Kovacevic's detention in order to prevent him from
influencing witnesses during the investigation and also to prevent
him from fleeing Serbia. According to media reports, Kovacevic is
suspected of abetting the misuse of office, forging documents, and
inflicting serious bodily injuries on American student Bryan
Stn|{qQ~Q|ic approximately one month ago, told the press that
during the hearing Kovacevic had exercised his right to silence ??d{QN!Lbeen handed
over from the United States to Serbia, and that the Court has
started proceedings on the request of the Serbian prosecution.


6. (U) Homen stated during a lengthy B92 television interview that
the U.S. Department of Justice transferred the case to the Serbian
judiciary for the purpose of investigation, but muddied the waters
somewhat by referring to the possibility of eventual prosecution.
Tanjug reported that the United States had not transferred
prosecution of the case to the Serbian judiciary; rather, the U.S.
Justice Department had provided their Serbian counterparts with
documents on the case against Kovacevic in early in October for
investigative purposes. (Comment: Some of the confusion in the
Serbian press arises from terminology; in the Serbian legal system,
the investigation is part of the prosecution process rather than a
separate phase. End Comment.) Although it sourced the information
incorrectly to the Embassy, Tanjug based its story in part on Broome
County District Attorney Gerry Mollen's October 9 comments to the
U.S. press, in which he said he had provided copies of criminal
documents to Serbian prosecutors for investigative purposes only,
and that he would not consent to prosecution of Kovacevic in
Serbia.

Comment
--------------

BELGRADE 00001124 002.2 OF 002




7. (SBU) The public and media reaction to Kovacevic's detention has
thus far been quite restrained, with none of the "Serbian martyr"
spin we saw over the summer. Judging from the reactions of a number
of local contacts, the release of photos of Steinhauer had a
dramatic impact on public perception of the case. End comment.

MUNTER