BOSNIA - POSSIBLE BREAKTHROUGH IN THE RS/STATE

C O N F I D E N T I A L SARAJEVO 001795 NOFORN SIPDIS EUR (JONES),EUR/SCE (FOOKS, STINCHCOMB),INL (KIMMEL); NSC FOR HELGERSON; OSD FOR BEIN; DEPARTMENT OF JUSTICE FOR OPDAT (ALEXANDRE) E.O. 12958: DECL: 11/26/2018 TAGS: PGOV PREL PINR PHUM KDEM KJUS KCRM BK SUBJECT: BOSNIA - POSSIBLE BREAKTHROUGH IN THE RS/STATE PROSECUTOR DOCUMENT STANDOFF REF: SARAJEVO 1789 Classified By: CDA JUDITH B. CEFKIN FOR REASONS 1.4 (B) AND (D) ¶1. (C/NF) We understand from contacts at the State Prosecutor's Office that the Republika Srpska (RS) government handed over today some of the documents requested by the State Prosecutor's Office for its investigation into corruption associated with government building and other contracts to State Investigative and Protective Agency (SIPA) investigators. This development was also confirmed privately to us by SIPA contacts. They reported that the RS government had submitted the documents to the investigators, as well as an inventory list of the documents, explanations for missing items, and a list of actions the RS government said it would take to find them. They also reported that the investigators were accompanied by European Police Monitoring Mission (EUPM) monitors and that the handover process went smoothly. ¶2. (C/NF) Our contacts at the State Prosecutor's Office also told us that RS government filed an appeal of the State Court's temporary seizure order with the court. The State Prosecutor's Office will have three business days to comment on the appeal, but the State Court does not have a time limit by which they must render a decision on it. There have been no reported new developments with regard to PM Milorad Dodik's threat to file charges against a long list of local and international officials (including PDHR Raffi Gregorian and Acting Chief Prosecutor Milorad Barasin). Acting Chief Prosecutor Milorad Barasin told the Charge today that his office had not received official information about possible criminal charges against him and the other individuals being targeted by the RS government. Barasin made clear that he does not plan to react to speculation in the media about such charges. The Office of the High Representative's (OHR) Legal Department also told us that they consider the RS government's threat somewhat frivolous since the Principal Deputy High Representative and the international prosecutors associated with the case have diplomatic immunity, and since judicial officials have immunity for acts carried out within the scope of their official mandate. CEFKIN