WAR CRIMES INDICTEE AND MP GLAVAS RELEASED FROM

C O N F I D E N T I A L ZAGREB 000019

SIPDIS

SIPDIS

EUR/SCE FOR BALIAN, STINCHCOMB
S/WCI FOR AMBASSADOR WILLIAMSON

E.O. 12958: DECL: 01/11/2018
TAGS: HR CROATIA KAWC PGOV WAR CRIMES
SUBJECT: WAR CRIMES INDICTEE AND MP GLAVAS RELEASED FROM
CUSTODY, FOR NOW

REF: 2007 ZAGREB 372 AND PREVIOUS

Classified By: POLOFF Kirsten Selinger for reasons 1/4 (b) and (d)


1. (C) SUMMARY: War crimes indictee and re-elected MP
Branimir Glavas was released from custody on 11 JAN after the
opening session of Parliament, following the Zagreb County
Court determination that only Parliament can decide the
status of his immunity from prosecution and detention after
the start of his new mandate. The Chief State Prosecutor has
already submitted a request to Parliament's newly
re-constituted Commission on Mandates and Immunities to
confirm the previous removal of his immunities, which would
require a full Parliament vote. It remains unclear when that
decision will be made, though we expect Parliament to
consider the matter before his trial resumes on 21 JAN.
Glavas is currently on trial for his suspected involvement in
the torture and murder of Serb civilians in the Osijek region
in 1991 (reftels). The case is constantly pushing Croatia
into uncharted territory, challenging legal and political
experts to determine the proper process; however, Post
remains confident that his immunity from prosecution will be
stripped again. END SUMMARY.


2. (C) In a remarkably candid meeting with PolOff the day
prior, Zagreb County Court Judge Marin Mrcela (who is Head of
the Court's Criminal Department and a member of the panel
which ruled on his immunity and detention) gave us insight
into the Court's decision-making process. The panel of
judges determined that Glavas's immunity is the Sabor's
political decision and not within the Court's legal
jurisdiction. "We are not an interested party in the
proceedings," he said. The decision may come as a surprise
to observers since many legal scholars believed that the
Court would see the Committee's 2006 decision to strip his
immunity as still valid. However, others believed that a
new mandate would automatically bring renewed immunity.
Nevertheless, Mrcela explained that in this situation, the
panel of judges would be forced to sign his release until
further notice. Post believes that Sabor's Commission on
Mandates and Immunities will now need to take up that
decision, and then forward it to the full Parliament, which
will vote on both immunity from prosecution and from
detention.


3. (SBU) The Sabor's Commission on Mandates and Immunities
was immediately formed following Sabor's opening session and
consists of four representatives from the ruling Croatian
Democratic Union (HDZ),three Social Democratic Party (SDP)
opposition representatives, Glavas' party deputy, Vladimir
Sislagic, and one representative from the ethnic Serb party.
Glavas' trial is set to resume in Zagreb on 21 JAN, by which
time we expect Parliament to decide on his immunity from
detention and prosecution or the trial will be delayed.


4. (C) Another Court decision made 10 JAN denied Glavas'
request for temporary release in order to attend Parliament's
opening session despite statements from several politicians,
including PM Sanader, that they expected Glavas to be
present. The comments prompted a swift reaction from the
Croatian Judicial Association and President of the Supreme
Court, calling for politicians to respect judicial
independence. Mrcela privately justified the decision to
deny Glavas' release request, noting the event's purely
ceremonial nature, the risk of media manipulation by Glavas
and the Court's desire not to appear to have succumbed to
political pressure.


5. (C) COMMENT: The re-election of a parliamentarian whose
immunities have been stripped is an unprecedented event in
itself in Croatia, and the Glavas case has been one that has
often left legal experts here scratching their heads.
However, the Croatian courts and elected lawmakers are right
to approach this methodically, as Glavas will take every
opportunity to discredit the system that is putting him on
trial. Despite today's developments, Post remains confident
that Parliament will strip Glavas of his immunity from
prosecution and see this trial to a successful conclusion.
END COMMENT.
BRADTKE