SERBIA ISSUES WARRANTS FOR BOSNIAN LEADERS FOR WAR CRIMES

UNCLAS SECTION 01 OF 02 BELGRADE 000191

DEPT FOR EUR/SCE (P. PETERSON)

SENSITIVE
SIPDIS

E.O.12958: N/A
TAGS: PGOV PREL KWAC SR
SUBJECT: SERBIA ISSUES WARRANTS FOR BOSNIAN LEADERS FOR WAR CRIMES

REF: A) 08 Belgrade 1156, B) Belgrade 165

Summary
--------------


1. (SBU) Based on an apparent leak, the Serbian press has reported
that the Serbian War Crimes Court has opened an investigation and
issued arrest warrants against former Bosnian leaders, including
former members of the Bosnia and Herzegovina Presidency, for a 1992
attack on the Yugoslav Army as it left Sarajevo. Press reports
acknowledged that the attacks occurred while then Bosnian President
Alija Izetbegovic was being held hostage by Serbian forces at
Sarajevo airport. The investigation is still classified raising the
question of who leaked the information and why. The timing was
likely politically motivated, given that the news coincided with the
conviction of several high-ranking Serbs for war crimes in Kosovo.
End Summary.

Serbian Press Reports Investigation
--------------


2. (U) On February 26, the Serbian press reported that the Belgrade
Special Court for War Crimes had opened an investigation of 19
individuals, including former members of the Bosnia and Herzegovina
Presidency, Ejdup Ganic (Bosnian Muslim) and Stjepan Kljujic
(Bosnian Croat),related to the May 1992 attack on the Yugoslav army
as it retreated from Sarajevo. The press quoted the War Crimes
Prosecutor's request to open the investigation, which cited an
agreement between Bosnian and Yugoslav representatives on the army's
peaceful withdrawal. The press also quoted Ganic as responding that
Bosnian President Alija Izetbegovic had been kidnapped that day, and
that Serbia was accusing all who had participated in his rescue
"because everything did not end in the manner planned." Belgrade
daily "Politika" also acknowledged that Izetbegovic was being held
hostage during that time.


3. (U) The Interior Ministry subsequently issued a press statement
confirming that it had issued search and arrest warrants on December
29, 2008, and War Crimes Prosecutor Vladimir Vukcevic told the media
that the case had been under police investigation since 2006. War
Crimes Prosecutor's Office spokesman Bruno Vekaric also told the
press on March 4 that the office had presented evidence to the
prosecutor in Bosnia in 2006 and had only decided to request the
warrants in Serbia after concluding that the process in Bosnia was
being obstructed.

Investigation an Official Secret
--------------


4. (SBU) How the investigation came to light is unknown. The War
Crimes Prosecutor's office told us they could not discuss the case
while it was still in the investigative phase. (Note: Organized
crime and war crimes cases are considered official secrets in Serbia
before an indictment is issued.) ICTY Belgrade office head Deyan
Mihov told us he had spoken with investigative judge Dilparic, who
initiated the investigation and requested the warrants and who was
very unhappy that news of the investigation had leaked to the press,
because it was much more difficult to gather information for an
indictment in a publicized case. Mihov said both Dilparic and War
Crimes Prosecutor Vladimir Vukcevic were professional and he
believed someone else had leaked the story for political reasons.

Motive for the Investigation
--------------


5. (SBU) Observers have commented that the timing of the
investigation suggests there may be political motives. Mihov
thought the timing might be related to Serbia's attempts to convince
the Dutch to unblock implementation of Serbia's Stabilization and
Association Agreement with the EU pending the capture of Mladic,
whom the ICTY had charged with war crimes in Bosnia-Herzegovina.
Helsinki Committee Chair Sonja Biserko told us she believed the case
was part of a concerted effort to prove that Serbs were also victims
in the war in Bosnia and to demonstrate that only individuals, not
the Serbian government, were responsible for any atrocities
committed.

Comment
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6. (SBU) We believe War Crimes Prosecutor Vukcevic would not have
requested the investigation if he did not believe there was a case.
Although, as with the organ trafficking case (Ref A),the timing is
suspicious, the warrants were actually issued over two months ago.
Political elements likely found it convenient to leak the
information at this time, in order to counterbalance the news the

BELGRADE 00000191 002 OF 002


same day of ICTY indictments against Serbs for war crimes in Kosovo
(Ref B). End Comment.

BRUSH