CROATIA ARGUES IT IS DOING ALL IT CAN TO COOPERATE

C O N F I D E N T I A L SECTION 01 OF 02 ZAGREB 000831

SIPDIS

STATE FOR EUR/SCE, EUR/PPD, EUR/RPM AND S/WCI

E.O. 12958: DECL: 12/04/2018
TAGS: PREL KAWC ICTY HR
SUBJECT: CROATIA ARGUES IT IS DOING ALL IT CAN TO COOPERATE
WITH ICTY

REF: A. ZAGREB 797

B. ZIMMER/STINCHCOMB ET.AL. 4 DECEMBER 2008 E-MAILS

Classified By: Chris Zimmer, Political Officer, Reasons 1.4 (B/D)


1. (C) SUMMARY: The Government of Croatia (GOC) has delivered
a non-paper to all EU and NATO member states dated 03
December 2008 in which it describes the steps Croatia has
taken to find the documents and archives requested by the
International Criminal Tribunal for the Former Yugoslavia's
(ICTY) Office of the Prosecutor in the case of Generals
Gotovina, Cermak, and Markac. The Croatians argue that any
assessment of their cooperation should wait for the Trial
Chamber's ruling on Croatia's October 20 submissions to ICTY.
The GOC is very concerned that the ICTY Prosecutor
Brammertz's reports to the UN Security Council (the written
report was submitted on 21 November, and an oral presentation
to the UNSC is scheduled for 12 December) may damage their EU
accession process. State Secretary Bozinovic on December 4
told the Ambassador that he is particularly worried that the
Netherlands and Belgian governments will drag the ICTY
cooperation issue into EU accession negotiations. END
SUMMARY.


2. (U) The Croatian non-paper (emailed to EUR/SCE and S/WCI
in REF B) is entitled "Open issue regarding the cooperation
of the Republic of Croatia with the Prosecutor's Office of
the International Criminal Tribunal for the Former Yugoslavia
(ICTY)." It details the steps the GOC has taken to identify,
locate, and deliver documents requested by ICTY's Office of
the Prosecutor (OTP) in fulfillment of a Trial Chamber order
for the GOC to deliver all requested documentation or results
of investigation into missing documents by October 20.


3. (U) Statistics regarding the number of documents
requested, missing or submitted are difficult to decipher in
the non-paper. But the key argument reportedly is about what
the GoC paper describes as "323 documents (so called
artillery diaries) for which (OTP officials) presume should
exist." The GoC says that its investigations turned up many
documents, both from the police and the military "which
pertain to artillery operations." The GoC also claimed that
"all the Croatian artillery operations during Operation
"Storm" can be reconstructed in its entirety based on the
already produced documents" and that it has provided such a
reconstruction to the ICTY. As of October 20, the GoC said
it had submitted many additional documents, as well as a
reconstruction of artillery operations. It noted that its
investigations continue to try and locate more documents.


4. (U) The GOC also reports that, as a result of its
investigations, the State Prosecutor began criminal
proceedings against three persons, including two active
military members, for hiding and destroying state archive
materials (REF A). (NOTE: One of the persons involved is a
lawyer who serves as a member of Gotovina's legal team. END
NOTE.)


5. (U) Prosecutor Brammertz, both in his November 10 visit
to Zagreb, and in his November 21 report to the UNSC, has
indicated that he still has not received the artillery
diaries that his investigators believe existed, and that he
is "not satisfied" with the Croatian investigation so far.


6. (U) The GOC argues in its non-paper, however, that, since
the Trial Chamber ordered the investigation into the missing
documents, any assessment on Croatia's cooperation should
await the ruling of the Trial Chamber on whether Croatia has
fully complied with the 54 bis Order of September 16, or
whether Croatia still needs to take any additional steps.


7. (C) On December 4, Ministry of Foreign Affairs State
Secretary Bozinovic asked to see the Ambassador. Bozinovic
expressed grave concerns that Brammertz's reports to the UNSC
came at a very bad time. The GoC is especially worried that
EU member states, particularly the Netherlands and Belgium,
will drag the ICTY issue into EU accession negotiations. The
Croatians believe that the only negative aspect to their ICTY
cooperation has been the issue of the alleged artillery
logs, and that they should get credit for having undertaken a
serious investigation that has continued to produce some
progress even since Brammertz filed his written report on
November 21.


8. (C) COMMENT: As Croatia's EU accession negotiations
continue to move forward slowly, hampered by weak
administrative capacity, a sometimes difficult relationship
with Slovenia (septel) and continuing challenges in reforming
the judiciary and shipbuilding sector, the GoC is right to be
concerned that ICTY issues might further sour the mood. The

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Dutch press on December 5 report that European Affairs
Minister Frans Timmermans has told the Dutch parliament that
the ICTY issues raise "concerns" about whether Croatia is
meeting the pre-condition for the EU of full cooperation with
the ICTY. PM Sanader, we are told, has personally instructed
the Ministers of Justice, Defense and Interior, as well as
the Chief State Attorney, to solve this problem. But, given
that the Croatians continue to insist they simply do not have
any more artillery logs, it is unclear if they can satisfy
The Hague. For now, the GoC hopes that the Court will see
things differently from the Prosecutor's Office. END COMMENT.
BRADTKE