SERBIA: EMBASSY REQUESTS SERBIAN GOVERNMENT TO RETURN

UNCLAS SECTION 01 OF 02 BELGRADE 000770 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 EAID SR SUBJECT: SERBIA: EMBASSY REQUESTS SERBIAN GOVERNMENT TO RETURN KOVACEVIC REF: A) BELGRADE 653, B) BELGRADE 671, C) BELGRADE 700 Summary -------------- ¶1. (SBU) In meetings with the Ministries of Foreign Affairs and Justice, post has reinforced the USG request for the return of Miladin Kovacevic to the United States to stand trial on charges of assaulting Amcit Bryan Steinhauer in a bar in Binghamton, NY. The Charge has emphasized the responsibility of the Serbian Government to fulfill the commitment of its official representative that Kovacevic appear in Binghamton court. Although the Ministry of Foreign Affairs has not been willing to explore creative options for resolving the case, preferring instead to highlight its efforts to punish its employees for abuse of authority, the Ministry of Justice has expressed willingness to explore "extraordinary" measures and has invited post's Resident Legal Advisor to participate in a July 31 meeting of legal experts to discuss the case. End Summary. Request for GOS to Return Kovacevic -------------- ¶2. (SBU) On July 22, Charge presented a diplomatic note to Ambassador Branko Radosevic, Assistant Minister and Director of Consular Affairs at the MFA, reiterating the USG's July 1 formal request (Ref A) for the return of Miladin Kovacevic to the United States by August 1 to stand trial for the May 4 assault of Bryan Steinhauer in a New York bar. She emphasized that the United States was requesting that the Government of Serbia fulfill the commitment of its official representative to ensure that Kovacevic appeared in court. Radosevic stated he would convey the U.S. request to the Ministry of Justice. He also informed the Charge that the Serbian prosecutor was investigating the actions of Vice Consul Igor Milosevic, who issued Kovacevic an emergency passport and provided the presiding judge his "solemn promise" that Kovacevic would not leave the United States, and his supervisor Consul General Slobodan Nenadovic. Ministry of Justice Willing to Explore Options -------------- - ¶3. (SBU) Charge met with Slobodan Homen, State Secretary of the Ministry of Justice, on July 29 to discuss the Kovacevic case. She was accompanied by the Resident Legal Advisor (RLA) and Pol Chief. Homen, who was fully briefed on the case, said that he had received the July 22 diplomatic note from the MFA and had forwarded it to the state prosecutor for review. Charge emphasized the extraordinary nature of the case due to the role of a Serbian Government official in helping Kovacevic evade justice, and stressed that the Serbian Government must take responsibility for its agent's actions by returning Kovacevic. ¶4. (SBU) Homen explained that while Serbia's Criminal Procedures Code (CPC) prohibits the extradition of Serbian citizens, and the U.S.-Serbia extradition treaty does not require it, the Serbian government was nevertheless "not happy to have such a dangerous person on the streets" and wanted the USG's help in prosecuting Kovacevic for the "brutal beating" of Bryan Steinhauer. He shared a letter from the state prosecutor expressing the desire to try Kovacevic in Serbia and requesting the MOJ to convey the request to the United States through diplomatic channels. The RLA told Homen that the Embassy would pass the request to the appropriate U.S. officials, but the New York prosecutor had already stated that he was not willing to have the case tried abroad. ¶5. (SBU) The RLA explained that the United States had not submitted an extradition request because we understood that Serbian law as now written prevents Kovacevic's extradition. We were instead asking for an extraordinary solution given the extraordinary circumstances. Homen replied that the Serbian government needed time to obtain a conviction of Vice Consul Milosevic for misuse of authority in order to have legal grounds to take action against Kovacevic. In response to our assertion that the two cases should not be linked, Homen said that he would gather a team of legal experts to discuss other options for returning Kovacevic. (Within two hours of the meeting, Homen invited the RLA to participate in the legal experts meeting on July 31.) He also said that he would talk to Minister of Justice Snezana Malovic about the possibility of changing the CPC to permit the extradition of Serbian citizens. (Several working groups are now drafting updates for the CPC to bring it into line with international standards; changes to the extradition provisions may BELGRADE 00000770 002 OF 002 eventually be necessary for EU accession.) ¶6. (SBU) The RLA informed Homen that Kovacevic would face additional federal bail jumping charges if he did not appear in court by August 2. It was for this reason that the United States was requesting his return by August 1. Press Coverage More Balanced -------------- ¶7. (U) Coverage of the Kovacevic case in the Serbian media has become more balanced in recent days, as a result of the Steinhauer family's press conference in New York and post's efforts to counter misinformation spread by Kovacevic's lawyer. On July 25 and 26, electronic and print media carried excerpts of the statements by Steinhauer's parents about his condition, as well as the New York Daily News reports that Serbia had been given an "ultimatum" to return Kovacevic. Several major dailies also carried a statement by post's press attache confirming that the Embassy had delivered a diplomatic note to the Serbian MFA which was neither an ultimatum or request for extradition but rather a request for the Serbian government "to act upon the Interpol notice that has already been processed, arrest Kovacevic and return him to the United States in accordance with the commitments made by the Serbian government's official representative that Kovacevic would appear in court." Several print media also reported that Serbian Foreign Minister Vuk Jeremic called Senator Hilary Clinton over the weekend regarding the case. Comment -------------- ¶8. (SBU) The Serbian Government faces a no-win situation with Kovacevic. If they hand him over, they will face a firestorm of criticism from a public that still thinks that war criminal Radovan Karadzic is a hero. If they don't hand him over, Serbia will reinforce its international image of a pariah state in defiance of international norms. Homen's initiative, although a long shot, appears to be a good faith effort to ensure that the new pro-European government does not end up being written off by the USG as no better than its predecessors. End Comment. BRUSH