SERBIA: UPDATE ON KOVACEVIC CASE

UNCLAS BELGRADE 000671

DEPT FOR EUR/SCE (D. SCHROEDER, K. KOKTA),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 SR
SUBJECT: SERBIA: UPDATE ON KOVACEVIC CASE

REF: A. Belgrade 653, B. Belgrade 642, C. Belgrade 633

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


1. (SBU) Embassy Resident Legal Adviser (RLA) and Consular Chief met
July 6 at the Ministry of Foreign Affairs with the parents of
Serbian citizen Miladin Kovacevic and their lawyer Veselin Cerovic
to discuss the ongoing case against Kovacevic in connection with the
assault of U.S. citizen Bryan Steinhauer (reftels). Emboffs
provided basic background on the U.S. judicial system and stressed
that voluntary return to stand trial in the U.S. would be in
Kovacevic's best interest. Although appreciative of the meeting,
Kovacevic's parents openly questioned their son's ability to receive
a fair trial in the U.S. and alleged for the first time mistreatment
while in jail. RLA addressed these concerns and indicated that he
would follow up on several requests made during the meeting. End
summary.

Surprised at Long Arm of Law
--------------


2. (SBU) After explaining that he is not involved in the case but
rather was there to share his knowledge of the U.S. judicial system
as a prosecutor, RLA explained the gravity of the situation. He
pointed out that Kovacevic faces a stark choice between returning
voluntarily, which potentially would make a favorable impression on
the judge and prosecution, or a lifetime on the run as a fugitive.


3. (SBU) Both Kovacevic's parents and the family's lawyer Cerovic
appeared skeptical when told that Kovacevic would be subject to a
warrant in over 180 countries that could last forever. They said
they understood that the $100,000 in bail money would not be
returned if he absconded, and implied that they believed the loss of
the bail money was the price required by the U.S. justice system for
his freedom. They did not seem to comprehend fully the consequences
of his decision to flee the U.S.

Trial in U.S. or Serbia?
--------------


4. (SBU) Cerovic asked if the U.S. had submitted a formal request
for extradition, underlining the prohibition in the Serbian Criminal
Procedures Code on extraditing Serbian nationals to foreign states.
Emboffs replied that the USG had not submitted a formal extradition
request at that point and they did not know when or what decision
would be taken in that regard. They noted that the Ambassador had
requested that the GOS ensure that Kovacevic was returned to the
U.S.


5. (SBU) Cerovic also pointedly asked whether the U.S. trusts the
Serbian justice system, saying that Kovacevic could be tried by a
Serbian court as an alternative. Emboffs emphasized that the
discussion at hand pertained to voluntary return to the U.S. and RLA
noted that trial in a Serbian court is only possible with the
consent of the USG. He further emphasized that the trial should
take place in the United States because it was U.S. law, not Serbian
law that was violated.


6. (SBU) In response to repeated inquiries by Cerovic about the
maximum and minimum penalty that Kovacevic might face, RLA explained
the concept of sentencing guidelines, but also agreed to seek
further information on that question.

Allegations of Mistreatment and Threats
--------------


7. (SBU) Kovacevic's parents voiced their strong belief that their
son would not get a fair trial in the U.S. because he is a Serb, is
so much bigger than the victim, and is the subject of significant
media attention. As evidence of unequal treatment, they cited the
fact that the court held Kovacevic for 30 days before releasing him
on $100,000 bond, while two other defendants were released after
five days on much smaller bonds.


8. (SBU) The family claimed that Kovacevic and his mother were
subject to threats to their lives while in the U.S. They further
alleged that jail guards mistreated Kovacevic while in custody and
that another prisoner had been tasked to assassinate him. They
claimed that neither the family nor the Serbian consulate was
advised of Kovacevic's arrest and they only learned of his detention
from family friends. They claimed that he was held for five days
without access to legal counsel and with no ability to make
telephone calls.


9. (SBU) RLA addressed these multiple concerns. He explained in
great detail the elements of the U.S. judicial system, including
trial by jury and the important role played by defense lawyers.
Regarding the alleged threats, RLA indicated a willingness to
explore measures to reassure the family of Kovacevic's safety and
rights with the Department of Justice.

Kovacevic Press Conference and Embassy Statement
-------------- ---


10. (U) During media interviews and at a press conference on July 7,
the family and Cerovic repeated the allegations of mistreatment,
including while in custody. Seeking to evoke sympathy, Cerovic
characterized Kovacevic as simply wanting to break up a fight
between two Muslim students and Steinhauer.


11. (U) Cerovic also focused on extradition at the press conference,
stressing that Kovacevic could not be extradited to the U.S. under
current Serbian law and that the U.S. had not submitted a request
for extradition. He also floated the idea of trial in a Serbian
court.


12. (U) Following the Kovacevic press conference, post issued the
following statement:

"Representatives from the U.S. Embassy and the Ministry of Foreign
Affairs of Serbia met jointly with the parents of Miladin Kovacevic
family and their attorney on July 6th at the Ministry of Foreign
Affairs building in Belgrade.

The purpose of the meeting was to discuss the current situation
regarding the flight of Miladin Kovacevic, who has been charged with
assault in the State of New York and to answer questions from the
family regarding the U.S. judicial process and the ramifications for
Mr. Kovacevic of his flight from the U.S.

The United States has not formally requested extradition at this
time. We sincerely believe that it is in the best interests of Mr.
Kovacevic to return voluntarily to the U.S., rather than to remain a
fugitive.

The meeting was constructive and the Kovacevic family and counsel
were receptive to the points raised in the discussion.

While we work with the Kovacevic family and the Serbian authorities
to resolve this matter, the Embassy remains ever mindful of the
critical condition of Bryan Steinhauer, and the pain and suffering
caused to his family."

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


13. (SBU) As a result of the family's recent allegations, tabloid
press coverage in Serbia has increasingly played up the
"victimization" of Kovacevic and his alleged inability to receive a
fair trial in the U.S. Emboff's meeting with the parents was
constructive and they agreed to meet again, likely during the week
of July 14. Post will continue to press the GOS on this case and
will stress that best solution is for Kovacevic to return to the
U.S. End comment.

MUNTER