Identifier
Created
Classification
Origin
09ZAGREB128
2009-03-09 15:11:00
UNCLASSIFIED
Embassy Zagreb
Cable title:
FORMER CROATIAN GENERAL ZAGOREC GUILTY OF ABUSE OF
how-toVZCZCXRO4245 PP RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG DE RUEHVB #0128/01 0681511 ZNR UUUUU ZZH P 091511Z MAR 09 FM AMEMBASSY ZAGREB TO RUEHC/SECSTATE WASHDC PRIORITY 9062 INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY RHEFDIA/DIA WASHINGTON DC PRIORITY RUEAIIA/CIA WASHDC PRIORITY RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
UNCLAS SECTION 01 OF 02 ZAGREB 000128
SIPDIS
E.O. 12958: N/A
TAGS: PREL PGOV KCRM HR
SUBJECT: FORMER CROATIAN GENERAL ZAGOREC GUILTY OF ABUSE OF
OFFICE, THEFT
UNCLAS SECTION 01 OF 02 ZAGREB 000128
SIPDIS
E.O. 12958: N/A
TAGS: PREL PGOV KCRM HR
SUBJECT: FORMER CROATIAN GENERAL ZAGOREC GUILTY OF ABUSE OF
OFFICE, THEFT
1. Summary: On March 2, the Zagreb County Court convicted
retired Tudjman-era Croatian General Vladimir Zagorec of
abuse of office and stealing $5 million in diamonds, and
sentenced him to seven years in prison. The theft occurred
at the Ministry of Defense (MOD) upon Zagorec's departure
from his post as Assistant Minister in 2000 and the jewels
were allegedly used as collateral for the purchase of weapons
during Croatia's 1991-1995 Homeland War. The abuse of
office charges include massive war profiteering which
continued throughout his time in the MOD from 1993-2000.
War Profiteer
--------------
2. Zagorec served as Assistant Minister of Defense for
Procurement, while simultaneously heading RH Alan, a company
which imported weapons into Croatia. During this time, the
46 year-old Zagorec built a personal fortune estimated at $33
million according to a 2006 report on the wealthiest
Croatians. Zagorec lived in Vienna, Austria from his
dismissal from the MOD in 2000 until his arrest in 2007. The
formal investigation was launched in February 2007 and he was
arrested shortly thereafter on an international warrant.
Following his extradition to Croatia in October, 2008, he was
formally indicted on October 24 and the trial began on
November 21.
Final Verdict Awaiting Appeal Process
--------------
3. Following the verdict, the prosecutors and defense both
appealed. Zagorec will remain in prison pending the appeal
to the Supreme Court. Prosecutors are seeking additional
jail time and the defense is seeking to overturn the verdict
due to a lack of evidence. Although the case involved
massive fraud and abuse of office, the case was handled by
the regular office of the State Prosecutor rather than the
Office for Suppression of Organized Crime and Corruption
(USKOK). According to a new law on USKOK passed since the
trial began, similar cases in the future would be under its
authority.
Assets Frozen
--------------
4. The court granted a prosecutor's request to freeze all
assets of Zagorec until the final Supreme Court verdict. All
bank accounts and property registered in his name have been
temporarily frozen. The court also ruled that Zagorec must
repay the value of the jewels at the time of the theft, which
makes the fine closer to $8 million due to exchange rate
changes.
Prosecution Witness Kidnapped Zagorec's Son
--------------
5. The presiding judge, Sinisa Plesa, stated that, even
though there was no direct evidence proving that Zagorec had
stolen the jewels, the court based its decision on three
witness testimonies and several key documents. He explained
there were no discrepancies among the testimonies nor could
the court find any indication that the three conspired to
falsely accuse Zagorec. (Note: One of the main prosecution
witnesses, Hrvoje Petrac, is currently serving seven years in
prison for kidnapping Zagorec's son. Petrac first brought up
the existence of the jewels during his 2005 kidnapping trial
when he mentioned seeing his former friend Zagorec with two
bags of jewels. End Note.)
Media Questions Strength of Prosecution
--------------
6. Media reaction to the verdict was mixed. Some journalists
questioned the amount of evidence presented in the trial,
which saw only three prosecution witnesses testify. Media
interviewed several judicial experts who said that if the
available evidence was indeed sufficient to find Zagorec
guilty, he should have received the maximum sentence. Some
experts found the case against Zagorec thin at best, with the
only condemning evidence coming from one criminal convicted
of kidnapping the defendant's son, and two former office
secretaries at the Ministry of Defense.
Zagorec Losing His Honors
--------------
7. President Mesic announced on March 3 that he will soon
strip Zagorec of all his war medals and will not wait for a
ZAGREB 00000128 002 OF 002
final verdict. Zagorec, who never saw any front-line action
during the Homeland War, is currently the most decorated
Croatian general. Mesic also announced that investigations
into secret bank accounts of other war profiteers are
ongoing. Throughout the proceedings, Zagorec argued that
Mesic was behind his indictment and involved in a smear
campaign against him. Zagorec claims Mesic was trying to
protect Petrac, who he says helped finance Mesic's
presidential campaign, although there was no evidence to
support these claims presented at the trial.
Comment
--------------
8. Although this was not an USKOK case, it represents one of
the largest corruption convictions since Croatian
independence. The trial, which was very quick by Croatian
standards, also bodes well for prosecutors and the Ministry
of Justice as they attempt to tackle hundreds of pending
corruption cases by establishing specialized courts ("USKOK
Courts") to which Judge Plesa was just appointed.
BRADTKE
SIPDIS
E.O. 12958: N/A
TAGS: PREL PGOV KCRM HR
SUBJECT: FORMER CROATIAN GENERAL ZAGOREC GUILTY OF ABUSE OF
OFFICE, THEFT
1. Summary: On March 2, the Zagreb County Court convicted
retired Tudjman-era Croatian General Vladimir Zagorec of
abuse of office and stealing $5 million in diamonds, and
sentenced him to seven years in prison. The theft occurred
at the Ministry of Defense (MOD) upon Zagorec's departure
from his post as Assistant Minister in 2000 and the jewels
were allegedly used as collateral for the purchase of weapons
during Croatia's 1991-1995 Homeland War. The abuse of
office charges include massive war profiteering which
continued throughout his time in the MOD from 1993-2000.
War Profiteer
--------------
2. Zagorec served as Assistant Minister of Defense for
Procurement, while simultaneously heading RH Alan, a company
which imported weapons into Croatia. During this time, the
46 year-old Zagorec built a personal fortune estimated at $33
million according to a 2006 report on the wealthiest
Croatians. Zagorec lived in Vienna, Austria from his
dismissal from the MOD in 2000 until his arrest in 2007. The
formal investigation was launched in February 2007 and he was
arrested shortly thereafter on an international warrant.
Following his extradition to Croatia in October, 2008, he was
formally indicted on October 24 and the trial began on
November 21.
Final Verdict Awaiting Appeal Process
--------------
3. Following the verdict, the prosecutors and defense both
appealed. Zagorec will remain in prison pending the appeal
to the Supreme Court. Prosecutors are seeking additional
jail time and the defense is seeking to overturn the verdict
due to a lack of evidence. Although the case involved
massive fraud and abuse of office, the case was handled by
the regular office of the State Prosecutor rather than the
Office for Suppression of Organized Crime and Corruption
(USKOK). According to a new law on USKOK passed since the
trial began, similar cases in the future would be under its
authority.
Assets Frozen
--------------
4. The court granted a prosecutor's request to freeze all
assets of Zagorec until the final Supreme Court verdict. All
bank accounts and property registered in his name have been
temporarily frozen. The court also ruled that Zagorec must
repay the value of the jewels at the time of the theft, which
makes the fine closer to $8 million due to exchange rate
changes.
Prosecution Witness Kidnapped Zagorec's Son
--------------
5. The presiding judge, Sinisa Plesa, stated that, even
though there was no direct evidence proving that Zagorec had
stolen the jewels, the court based its decision on three
witness testimonies and several key documents. He explained
there were no discrepancies among the testimonies nor could
the court find any indication that the three conspired to
falsely accuse Zagorec. (Note: One of the main prosecution
witnesses, Hrvoje Petrac, is currently serving seven years in
prison for kidnapping Zagorec's son. Petrac first brought up
the existence of the jewels during his 2005 kidnapping trial
when he mentioned seeing his former friend Zagorec with two
bags of jewels. End Note.)
Media Questions Strength of Prosecution
--------------
6. Media reaction to the verdict was mixed. Some journalists
questioned the amount of evidence presented in the trial,
which saw only three prosecution witnesses testify. Media
interviewed several judicial experts who said that if the
available evidence was indeed sufficient to find Zagorec
guilty, he should have received the maximum sentence. Some
experts found the case against Zagorec thin at best, with the
only condemning evidence coming from one criminal convicted
of kidnapping the defendant's son, and two former office
secretaries at the Ministry of Defense.
Zagorec Losing His Honors
--------------
7. President Mesic announced on March 3 that he will soon
strip Zagorec of all his war medals and will not wait for a
ZAGREB 00000128 002 OF 002
final verdict. Zagorec, who never saw any front-line action
during the Homeland War, is currently the most decorated
Croatian general. Mesic also announced that investigations
into secret bank accounts of other war profiteers are
ongoing. Throughout the proceedings, Zagorec argued that
Mesic was behind his indictment and involved in a smear
campaign against him. Zagorec claims Mesic was trying to
protect Petrac, who he says helped finance Mesic's
presidential campaign, although there was no evidence to
support these claims presented at the trial.
Comment
--------------
8. Although this was not an USKOK case, it represents one of
the largest corruption convictions since Croatian
independence. The trial, which was very quick by Croatian
standards, also bodes well for prosecutors and the Ministry
of Justice as they attempt to tackle hundreds of pending
corruption cases by establishing specialized courts ("USKOK
Courts") to which Judge Plesa was just appointed.
BRADTKE