SERBIA MODIFIES LAW TO PERMIT EXTRADITION OF NATIONALS

UNCLAS BELGRADE 000497 DEPT FOR EUR/SCE (P. PETERSON),L/LEI (P. GUTHERIE) SENSITIVE SIPDIS E.O. 12958: N/A TAGS: CJAN PREL PGOV ODIP EAID SR SUBJECT: SERBIA MODIFIES LAW TO PERMIT EXTRADITION OF NATIONALS REF: A) 5/19/09 MENNUTI-PETERSON EMAIL; B) 08 BELGRADE 1287; C) BELGRADE 469 Summary -------------- ¶1. (SBU) A recent change to Serbian law necessitated by the European integration process has made the extradition of Serbian citizens possible under bilateral or multilateral treaties. Post recommends that we seize this opportunity to update or replace the existing 1901 extradition treaty with Serbia in order to have the tools to resolve future cases of transnational crime through extradition. End Summary. Extradition Possible under Treaty -------------- ¶2. (U) On March 18, the Serbian National Assembly passed a Law on International Legal Assistance in Criminal Matters covering, inter alia, the extradition of defendants and convicted persons. (Translation forwarded to EUR/SCE, Ref A.) Article 1 of the law states that "this law shall govern the provision of international legal assistance in criminal matters (hereinafter: international legal assistance) in cases in which no ratified international treaty exists or when certain matters are not regulated under such a ratified international treaty." ¶3. (SBU) Although Article 16 of the same law specifies that nationals of Serbia cannot be extradited to a foreign state, Ministry of Justice State Secretary Slobodan Homen confirmed to us that the Ministry of Justice as drafter intended Article 1 to take precedence: it will henceforth be possible to extradite Serbian nationals under the terms of a bilateral or multilateral extradition treaty. (As reported Ref B, the Criminal Procedure Code previously forbade the extradition of Serbian citizens except to international tribunals.) ¶4. (U) This provision of the new law has not yet been tested, as the 1901 extradition treaty with the U.S. is the only such bilateral agreement currently in force in Serbia. In the wake of the arrest of organized crime figure Joca Amsterdam for crimes committed in Croatia (Ref C),however, Homen made several statements to the media that the Serbian constitution (changed in 2006) and law no longer prohibits the extradition of nationals. MOJ Intentionally Downplays Change -------------- ¶5. (SBU) The Ministry of Justice drafted and lobbied for the international legal assistance law, which covers a range of issues important for Schengen "white list" status and EU integration. Rather than initiating a debate on the pros and cons of extraditing Serbian citizens, the MOJ crafted the new law in such a way as to make the change almost imperceptible - perhaps even to some of the rushed members of parliament who approved 12 laws on March 18 alone and have passed over 100 more since. The MOJ's risky strategy appears to have paid off, as the change did not generate any controversy. Comment -------------- ¶6. (SBU) Post recommends pursuing the MOJ's offer (Ref A) to update our 1901 extradition treaty or sign a new agreement. Although the Kovacevic case which originally triggered the discussion appears headed toward resolution, the volume of business and personal exchanges between the U.S. and Serbia virtually guarantees that we will face similar challenges in the future. An extradition treaty that addresses the full range of 21st century crimes would be a tremendous asset in managing the bilateral relationship with Serbia. End Comment. BRUSH