VISIT OF HOLOCAUST ISSUES ENVOY AMBASSADOR KENNEDY TO

UNCLAS SECTION 01 OF 02 ZAGREB 000756 EUR FOR OHI, EUR/SCE, And SEAS(Gregg Rickman) SIPDIS E.O. 12958: N/A TAGS: PHUM CASC HR SUBJECT: VISIT OF HOLOCAUST ISSUES ENVOY AMBASSADOR KENNEDY TO CROATIA ¶1. (U) SUMMARY: Special Envoy for Holocaust Issues, Christian Kennedy, visited Zagreb from October 17-20 and met with the Minister of Culture, a State Secretary at the Ministry of Justice and representatives from the local Jewish communities. Ambassador Kennedy reminded the government of its obligation to resolve outstanding restitution claims for Jewish property and assets from Word War II and the communist era. He also stressed the importance of maintaining Jewish gravesites and advocated for the quick construction of a Jewish synagogue in Zagreb. Ambassador Kennedy's visit received positive press coverage. END SUMMARY MEETING AT MINISTRY OF JUSTICE -------------- 2.(U) In his meeting with State Secretary Drazen Bosnjakovic at the Ministry of Justice, Ambassador Kennedy asked for clarity regarding a case currently being heard by the Croatian Supreme Court regarding restitution to foreign nationals of property that was confiscated during and after WWII. (NOTE: Currently Croatian law states that said property can be restituted to foreigners only if a bilateral agreement exists between Croatia and the country of citizenship of the applicant; at this time no such bilateral agreements exist between Croatia and any other country. In February 2008 this law was challenged and a lower court ruled that a bilateral treaty does not need to exist in order for foreigners to receive restitution. The government has appealed this ruling to the Supreme Court. In essence the case before the Supreme Court will decide whether or not said property can be restituted to non-Croatian citizens without a bilateral agreement between Croatia and the state of citizenship of the applicant.) ¶3. (U) State Secretary Bosnjakovic stated that he did not know what to expect regarding a possible verdict in this case. He stated that the government expects a verdict soon, but would not speculate as to when a decision might be reached. He confirmed, however, that the Supreme Court's decision would set a precedent for lower courts were the original decision to be upheld. When asked by Ambassador Kennedy whether other applicants would each have to go to court to argue their case if the decision were upheld, Bosnjakovic nodded affirmatively, but said there would be several possibilities and he could not say at this time which would apply. ¶4. (U) Throughout the meeting Bosnjakovic repeatedly mentioned the GOC's preference for resolving the issue of restitution through bilateral treaties. He stated that if the Supreme Court annuls the lower court's decision, the government would not seek to amend the original law that is in question, but instead would go ahead with the process of bilateral treaty negotiation. These treaties would need to be approved by a simple majority in parliament. (NOTE: These statements represent an apparent shift in the GoC position of the past several years, during which they have repeatedly claimed to be developing an amendment to the law so as to no longer require bilateral agreements. END NOTE.) Bosnjakovic added that, in cases where it was possible, restitution of property would be offered but otherwise compensation would be the only available option. MEETINGS WITH JEWISH COMMUNITY -------------- ¶5. (U) Ambassador Kennedy also met with representatives from the two Jewish communities that exist in Zagreb. Representatives from the older and larger of the two communities confirmed that no progress has been made regarding restitution of communal property and voiced concerns regarding the maintenance of approximately 50 to 60 Jewish graveyards in Croatia. Though some gravesites are well maintained they claimed that others are in very poor condition. They also felt they were encountering unnecessary bureaucratic delays in their efforts to rebuild a historic synagogue that was destroyed in WWII. ¶6. (U) Representatives from the newer Jewish community reported that they were also concerned with the increasing use of WWII era fascist symbols and slogans amongst Croatian youth at public events. However, they praised the government for its condemnation of this behavior and believed that Croatia was unique amongst its European neighbors because there was no extreme right political party or figure in politics today. They also felt that much of this behavior was the result of unemployed youth who were disenchanted with the results of the transition from socialism to capitalism. Ambassador Kennedy specifically asked the leaders whether they saw a revisionist trend in society to equate war crimes committed during WWII with the atrocities committed against Croatian Jews during the holocaust. The community felt in general that revisionism in Croatia is not as strong as it was ten years ago. MEETING WITH MINISTER OF CULTURE -------------- ZAGREB 00000756 002 OF 002 ¶7. (U) In a meeting with Minister of Culture Bozo Biskupic, Ambassador Kennedy stressed the importance of this Supreme Court decision on restitution. Ambassador Kennedy inquired whether the political will existed in Croatia to make the statutory changes needed to further the process of restitution if the Supreme Court annuls the lower court's decision. Biskupic was not familiar with the case and refused to speculate on the repercussions of the case though he stated that he personally felt the court should rule in favor of the foreign applicant. ¶8. (U) Ambassador Kennedy also brought up concerns regarding the maintenance and care of Jewish gravesites in Croatia. Biskupic responded that the GOC will continue to maintain Jewish cemeteries as cultural sites and will finance their upkeep the same as any other monument. He lamented that divisions within the Jewish community in Zagreb prevent the government from signing agreements that would provide the communities with funding that could be used to maintain gravesites. ¶9. (U) Ambassador Kennedy also brought to Minister Biskupic's attention that the city of Zagreb was requiring that the main Jewish community submit a proposal to the Ministry of Culture before they would permit the community to start a geodetic survey of the land for a new synagogue to be built on the site of a previous synagogue destroyed during WWII. Biskupic felt that this was an unusual requirement, and said that the city of Zagreb had its own historical commission that normally handles these issues. He said that he had not seen any proposal, but if it came to the Ministry they would approve it. Ambassador Kennedy stressed the importance of rebuilding on the site of the original synagogue in as expeditious a manner as possible. ¶10. (U) Ambassador Kennedy has cleared on this cable. BRADTKE