KOSOVO SERBS: ISSUES OF CHURCH LAND, POLICE,

C O N F I D E N T I A L SECTION 01 OF 05 PRISTINA 000435

SIPDIS

DEPT FOR DRL, INL, EUR/SCE
NSC FOR HELGERSON

E.O. 12958: DECL: 08/19/2018
TAGS: PGOV PINR KV UNMIK
SUBJECT: KOSOVO SERBS: ISSUES OF CHURCH LAND, POLICE,
PARALLEL STRUCTURES, CORRUPTION CONTINUE TO SIMMER

Classified By: CDA Tom Yazdgerdi for reasons 1.4 (b),(d).


1. (C) Summary. As the August vacation season draws to an
end, several Kosovo Serb-related issues continue to simmer.
In Decani, we now see a possible roadmap to a settlement of
the land dispute between the monastery and the municipality.
Our joint efforts with UNMIK to convince municipal officials
to settle the case appear to be having some effect, and the
Kosovo Trust Agency Special Chamber court may prove helpful
in this case. In Gjakova/Djakovica, where the mayor has
usurped another Serbian Orthodox Church (SOC) site, we are
working with the ICO to find a solution acceptable to both
parties. In these and all SOC-related issues, we must still
deal with hardline SOC Bishop Artemije Radosavljevic, who
remains a factor despite his reportedly waning influence. In
the Serb-majority enclave of Strpce, a parallel municipal
government is keeping quiet (and avoiding provocation),even
as it insists on its legitimacy. In the North, Serbs in the
Kosovo Police Service (KPS) are not receiving consistent
paychecks from either the Serbian government, which has
reportedly stopped paying them, or the Kosovo government,
which has promised them back pay but has not yet delivered.
We are also informed that senior figures in the Serbian
Interior Ministry (MUP) police, both inside and outside of
the KPS, are still firmly in control of the security
structures in the North, despite constant rumors of impending
change. Finally, the Kosovo Serb Independent Liberal Party
(SLS),which participates in Kosovo's Assembly and
government, is embroiled in a corruption scandal at the
Kosovo Ministry of Returns (MCR),led by SLS minister Boban
Stankovic. KPS back pay and the MCR issues must be addressed
swiftly in order to maintain the credibility of Kosovo
institutions for Kosovo Serbs. We will follow up. End
Summary.

Church Land Issues: Decani...


2. (C) The Visoki Decani monastery's (Decani dQHhCh the monastery
and the municipal government, which has assumed
responsibility for the SOE claims, urging both sides to find
a solution. Former Kosovo PM Ramush Haradinaj assured the
Ambassador on July 30 that he would speak to Decani mayor
Musa Berisha, a member of Haradinaj's AAK party, and ask him
to find a solution to the problem. Since then, Berisha - who
was publicly recalcitrant in late May, after UNMIK issued an
executive decision restoring the monastery as the owner of
the disputed land - has been more conciliatory. On August
13, the mayor repeatedly told poloff that "we must find a
solution to this problem." Berisha, who had been the sole
municipal official dealing with this issue, also invited
several municipal employees and council members to the
meeting in an effort to broaden their understanding of the
issue.


3. (C) UNMIK Legal Advisor Ernst Tschoepke, who formerly
worked for the KTA and who has followed this case for several
years, joined poloff at the August 13 meeting to explain the
legal issues in the case. His message to the municipal
officials was that they should pursue a settlement out of
court in lieu of trying to win a court judgment. The
complexity of the claims involved make a predictable outcome
uncertain, and the additional fact that the disputed land
lies within the Decani monastery's Special Zoning Area (SZA)
makes it virtually impossible that the SOEs could restart
commercial functions, even if they were successful in court.
In addition, Tschoepke joined poloff in urging the municipal
government to maintain good relations with the monastery,
keeping in mind the fact that the monastery's consent will be
necessary for any kind of development or action within the
SZA going forward. At the conclusion of the meeting, Mayor
Berisha declared that he would meet the monastery leadership
"but only with the U.S. Embassy present."

PRISTINA 00000435 002 OF 005




4. (C) The monastery is similarly ready to find a deal,
although head monk Father Sava Janjic continues to abide by a
Serbian Orthodox Church (SOC) moratorium on contact with
Kosovo government officials, at any level, and the ICO/EULEX
missions. As Sava explained on August 13, "we (the SOC)
absolutely cannot be seen having contact or making deals with
any Albanians." Tschoepke, who also joined the meeting,
advised Sava that a mediated settlement may still be possible
in the context of the Special Chamber proceeding, during
which the court would seek input from both sides and attempt
to find a settlement. (Note: On August 15, Tschoepke told us
that the Special Chamber judges had confirmed to him that
they would be able to handle the case in that way. End
Note). As things stand now, the monastery will present a
settlement proposal to the Special Chamber when the court
hears the case. This proposal involves the monastery
securing uncontested ownership of the disputed land in
question, which is adjacent to the monastery, and in return
giving up undisputed parcels it owns in the middle of the
town itself.

...and Gjakova


5. (C) We are also engaged in another church-related
property problem in Gjakova/Djakovica. The property in
question is the site of a Milosevic-era church partially
destroyed in 1999 and then completely razed during the March
2004 riots, making it one of 35 SOC properties slated to be
rebuilt under the rubric of the Council of Europe-led
Reconstruction Implementation Commission (RIC). In recent
months, Gjakova mayor Pal Lekaj (AAK) - without consulting
the SOC or the RIC - ordered the site cleared and had a park
constructed on it, covering up the foundation of the church
building. This has provoked a continuing strong reaction
from the Serbian government and hard-line elements in the
SOC. In concert with the ICO, we have discussed the issue
with Lekaj several times. As with the Decani case, we have
asked for and obtained the intervention of Haradinaj as a
means of convincing the mayor to reach a settlement. At our
most recent meeting on August 7, Lekaj appeared willing to
find a solution, and accepted the fact that the property
belongs to the church. Working with Father Sava, we have
informed the mayor that he must uncover the church's
foundations and fence the property, albeit in a way that
would preserve as much of the park as possible and allow
continued access to it. ICO will work with the RIC to
develop a detailed plan for the site, and expects to be in
position to present it to the mayor in the next 2-3 weeks.

Artemije Waning, But Still Dangerous


6. (C) During our August 13 conversation, Sava described
continuing Kosovo-linked tensions within the SOC. Kosovo's
head bishop, Artemije Radosvljevic, continues to be a
hard-line opponent of Kosovo independence, the RIC, and
inter-ethnic reconciliation in general. On August 19,
Artemije's diocesan website published a condemnation of the
situation in Gjakova/Djakovica, attacking the RIC and Bishop
Teodosije Sibalic, who serves as SOC representative to the
RIC and Abbott of Visoki Decani monastery. However, Sava
reported that the SOC has decided that the "Kosovo Council,"
a group of bishops dealing with Kosovo-related matters, which
includes Teodosije, will now deal with all SOC questions in
Kosovo. Sava noted that this is a significant moderating
change to the prior practice that allowed Artemije to deal
with matters without significant involvement from the SOC's
governing Synod.


7. (C) In a sign of what Sava considers Artemije's "waning
influence," the Synod recently decided that Teodosije will be
able to assign priests and monks to reoccupy RIC-rebuilt
sites; Artemije has nominal authority in this matter and will
be consulted first, but has refused to even consider
reoccupying these churches, which he considers tainted by
Kosovo government involvement. Handover of the keys to
several RIC sites, including St. George's in Prizren, is

PRISTINA 00000435 003 OF 005


anticipated at the end of August. According to Sava, the
church hierarchy has little faith in Artemije's ability to
safeguard SOC interests in Kosovo and has already decided on
working through Teodosije to "bypass" Artemije. In Sava's
opinion, Artemije's decision to condemn Serbian President
Boris Tadic and his Democratic Party (DS) during the campaign
before the May 11 Serbian parliamentary elections has damaged
his standing with the Serbian government as well.
Nonetheless, Sava warned that he and Teodosije remain
vulnerable to Artemije's wrath if they are seen communicating
with forbidden interlocutors.

Stprce Still Quiet - For Now


8. (C) The situation in the Serb-majority enclave of Stprce
remains stable for the time being. The decision of parallel
mayor Zvonko Mihajlovic to re-open a checkpoint for
construction materials outside the "weekend zone" near the
ski resort of Brezovica caused a stir, but on August 4,
USKFOR reported that conversations with Strpce's Albanian
minority, including former Kosovo Liberation Army war
veterans, revealed that the illegal construction in the
weekend zone is as unpopular among Strpce's Albanians as it
is with the municipality's Serbs. According to USKFOR,
Strpce Albanians report that the Serb parallel government has
to date done nothing to antagonize or provoke them, although
they are dissatisfied that a parallel government is operating
in their municipality. USKFOR also reports that senior
Kosovo Police Service (KPS) officers in Pristina - all Kosovo
Albanians - have sent messages to the parallel government via
the Stprce KPS - composed largely of Serbs - that continued
operation of the checkpoint, provided it does not involve
passenger vehicle searches or other police activity, would
not provoke a response from KPS. In a meeting with UK
Ambassador on August 17, Strpce (parallel) deputy mayor
Slavisa Staletovic, who served as deputy mayor in the
previous (legal) municipal government, reportedly insisted
that the parallel government did not want trouble but would
continue to administer affairs to the extent possible.

North: Where's The Money?


9. (C) Along with their colleagues in Strpce, Kosovo Serb
KPS officers in the North have remained on the job, but they
are having difficulties in receiving regular salaries from
any source. At the order of the previous Serbian Minister
for Kosovo Slobodan Samardzic, along with Dragan Delibasic,
senior Serbian Interior Ministry (MUP) commander in the
North, most of the northern Serb KPS closed their
Kosovo-based bank accounts in the wake of independence on
February 17. According to KPS Captain Ergin Medic (protect),
the Serbian government MUP paid these officers 400
euro-per-month until June, but this was stopped after the new
government was formed in Belgrade. Medic reports that the
Serbian Government is considering paying these officers 150
euro per month in unemployment compensation instead, but this
has yet to materialize. Since June, many of the same
officers reopened their Kosovo-based accounts and have sought
back pay from KPS headquarters in Pristina for the March
through June period when they were on the job without
accounts to receive their official KPS salaries. The KPS
removed the "Republic of Kosovo" logo, which the Serbs found
offensive, from the forms required to receive back pay.
According to Medic, despite promises from KPS headquarters to
do so, the back pay has yet to be disbursed.

MUP Still Active, No Changes Yet


10. (C) During his conversation with poloff on August 12,
Medic also reported that frequently-rumored changes to the
MUP command structure in the North are slow to be realized.
Delibasic, while slated for removal, continues to enjoy
bureaucratic support within the Serbian Ministry of Interior,
although he will apparently reach mandatory retirement age in
December. According to Medic, northern Mitrovica's KPS
station commander Milija "Piksi" Milosevic, also a MUP
officer, continues to work to undermine the KPS, part of the

PRISTINA 00000435 004 OF 005


overall Serbian strategy to undermine the rule of law and
respect for the KPS in the North. This is aimed at creating
an environment in which UNMIK would be more willing to accept
the open return of Serbian MUP to the north. Medic also
reports that he joined UNMIK recently in approaching the
(parallel) municipal governments of Zubin Potok and Leposavic
to propose setting up remote cameras at Gates 1 and 31 with
video feeds to Kosovo Customs. The parallel authorities
proposed that "municipal security officials" in the North
have exclusive access to the camera feeds, which they also
insisted not be sent to the KPS, the Kosovo Ministry of
Interior, or anyone in Pristina.

MCR Corruption Case


11. (C) The Serbs in the Independent Liberal Party (SLS),
who have remained in the Kosovo Assembly and head two
ministries in PM Thaci's cabinet, have been rocked in recent
days by allegations of corruption at the Ministry of
Communities and Returns (MCR). Minister Boban Stankovic
(SLS) has become the subject of a government investigation
into allegations of corruption at the MCR during his tenure
(see Pristina Bullets from August 9 and 14 on this subject).
SLS President Slobodan Petrovic, a member of the Assembly
Presidency, along with Caucus Leader Bojan Stojanovic, told
us on August 15 that they were seriously contemplating
Stankovic's removal. They repeated their earlier assertions
that they did not believe he was corrupt but were unsatisfied
with his handling of the MCR, which they consider a key tool
in their effort to convince Kosovo Serbs of the benefits of
participation in Kosovo institutions. On August 18, Petrovic
assured PM Thaci of the SLS's intent to deal with the
allegations, and reported that Thaci told him in return that
any action should await the release of a final audit report,
expected the week ending of August 22. Petrovic told us
August 19 that given the MCR's importance to his party, the
SLS presidency will "collectively" manage the MCR going
forward, regardless of who the minister is.

Comment


12. (C) The SOC-related land issues must be resolved in order
to clear the air of problems and generate some breathing room
for church moderates to function in Kosovo. Solving them
without the possibility of direct communication between
Orthodox clerics and municipal officials has not and will not
be easy, although we are guardedly optimistic that we at
least have a way forward in the Decani case, by far the more
complicated of the two. Although Sava and other moderate SOC
clergy have continually resisted meeting the ICO out of fear
of hard-line condemnation, there are signs that Serbian
government officials may meet ICO officials. Deputy ICR
Fletcher Burton told us August 18 that Serbian State
Secretary for Kosovo Oliver Ivanovic told him that he would
meet Burton in Mitrovica the week ending August 24. We have
encouraged Ivanovic to do so. The situations in Strpce and
the North remain stable, if unsatisfactory. In Strpce, we
will try to engage parallel officials to resolve practical
problems without recognizing their claims to legitimacy.
Regarding the KPS, we have and will continue to strongly
encourage the Kosovo Ministry of Interior to quickly resolve
the back-pay issue, keeping in mind that the northern Serb
KPS now appear to be off the Belgrade payroll.


13. (C) (cont'd). As previously reported, the situation at
the MCR has been problematic for some time. The ministry has
been plagued by corruption since its inception, and we have
continually told the SLS that the MCR needs to be handled
well. In our opinion, it is the main tool by which the
Kosovo Serbs in the government can convince their brethren of
the benefits of that participation. SLS leadership
understands this and is cognizant of the need for effective
action, whatever the outcome of the government investigation.
However, Minister Stankovic's poor showing at the MCR over
the last eight months has taken up valuable time that the
hard-pressed SLS Serbs do not necessarily have. Going
forward, we will refocus our efforts to assist them in making

PRISTINA 00000435 005 OF 005


up this lost ground.
YAZDGERDI