BRAMMERTZ REFUSES TO RECOGNIZE CROATIAN PROGRESS

C O N F I D E N T I A L ZAGREB 000137

SIPDIS

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

E.O. 12958: DECL: 03/13/2018
TAGS: PREL KAWC ICTY HR
SUBJECT: BRAMMERTZ REFUSES TO RECOGNIZE CROATIAN PROGRESS
ON GOTOVINA DOCUMENTS

REF: ZAGREB 93 AND PREVIOUS

Classified By: Political Officer Chris Zimmer for reasons 1.4 (b) and (
d)


1. (C) Summary. The Government of Croatia issued a non-paper
on March 12 detailing their efforts to resolve the issue of
missing documents (reftel) in the Gotovina case in progress
at the International Criminal Tribunal for the former
Yugoslavia (ICTY). Brammertz, office reached agreement
with Croatia on a list of 23 key documents that Croatia must
be provide to the Court or give an explanation as to their
whereabouts. Some documents have already been turned over
and the investigation into others is ongoing both in Croatia
and in Bosnia. Despite Croatia,s efforts, however,
Brammertz refuses to acknowledge significant progress. End
Summary.


2. (C) In response to a demarche made earlier this month by
the Czech Ambassador on behalf of the EU, the Government of
Croatia (GOC) produced a non-paper detailing steps it has
taken to resolve issues relating to documment requests from
ICTY in the Gotovina case. According to the non-paper, the
Government of Croatia (GOC) has thus far resolved 823 out of
824 requests for assistance from the OTP. The remaining
request relates to missing artillery documents from Operation
Storm in 1995. The GOC, as a result of an administrative
investigation launched after receiving a subpoena from the
court in June 2008, submitted additional military documents
beyond the OTP request, and reports on interviews with 206
persons who may have had knowledge of the missing documents.
In addition, the GOC delivered detailed reports to ICTY and
the OTP on October 14 and November 29, 2008, and January 29,
2009, detailing all investigations. The January report also
contained information about the chain of command as the GOC
reconstructed it, which differs from the OTP,s assessment.


3. (C) On February 18, following Chief Prosecutor
Brammertz, visit to Croatia and meeting with Minister of
Justice Simonovic, the GOC and OTP signed the &Points of
Understanding8 stipulating that 23 key artillery documents
shall be the focus of further investigative efforts by the
GOC, according to the non-paper. It notes that some
documents (possibly four, according to sources) have already
been found and delivered to the OTP, some (number unknown)
have been destroyed, and for some, an investigation is
underway in the military archives of Bosnia and Herzegovina.
(Note: Operation Storm was a joint operation between Croatian
and Bosnian forces and some records may have ended up in
Bosnia. End Note.)


4. (C) The non-paper also notes that a member of the
Gotovina defense team, Marin Ivanovic, and two active
military officials have been charged for unauthorized
possession and destruction of documents. The first hearings
have already taken place at the Zagreb Municipal Court.
(Note: The GOC is conducting both an administrative review to
find documents, under the auspices of the Ministries of
Defense, Interior, and Justice, as well as a criminal
investigation led by Chief State Prosecutor Bajic into of any
missing or destroyed documents. End Note)


5. (C) In a comment to the Ambassador on March 12, the Czech
Ambassador said that he was very unhappy with a presentation
ICTY Chief Prosecutor Brammertz recently gave in Prague
earlier this month on Croatian cooperation with ICTY.
Brammertz, he said, has personalized the issue and refuses to
recognize the progress made or the good work that Justice
Minister Simonovic is doing.


6. (C) Comment: Following on the Slovene blockade of EU
accession, the documents question is yet another complication
for EU negotiations. The Croatians are still hoping,
however, that they can convince a majority of EU member
states that they are cooperating with Brammertz even if they
believe it will be hard to bring around more skeptical states
like the Netherlands and the United Kingdom. End Comment.
BRADTKE