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