S/WCI AMB. WILLIAMSON MEETING WITH CROATIAN PM

C O N F I D E N T I A L SECTION 01 OF 02 ZAGREB 000323

SIPDIS

FOR EUR/SCE, S/WCI, AND L

E.O. 12958: DECL: 01/01/2018
TAGS: PREL KAWC PGOV HR
SUBJECT: S/WCI AMB. WILLIAMSON MEETING WITH CROATIAN PM
SANADER

Classified By: Rick Holtzapple, PolEcon Counselor, for reasons 1.4 (b)
& (d).

SUMMARY
--------------


1. (C) PM Sanader told S/WCI Ambassador Williamson that the
need to cooperate with ICTY is fully understood by the GoC,
and insisted that the GoC has done all it can to find the
documents sought by ICTY Prosecutor Brammertz. Sanader is
particularly upset at the prospect that Brammertz could imply
that Serbia is being more cooperative with The Hague than
Croatia. He will attend the UNSC June 4 session to make both
points. The GoC is considering whether there are additional
steps, such as using outside investigators, that could give
its investigation more weight, but seems more focused on
getting the Trial Chamber to overrule Brammertz, even if that
process takes some time. END SUMMARY.


2. (C) Visiting S/WCI Ambassador Clint Williamson met on May
28 with Croatian Prime Minister Ivo Sanader. Sanader was
joined by Deputy Prime Minister Jadranka Kosor, Justice
Minister Ivan Simonovic, MFA State Secretary Bianca Matkovic,
and Foreign Policy Advisor Davor Stier. Sanader said that
he, along with Justice Minister Simonovic, was planning to
represent Croatia at the June 4 UNSC session scheduled to
discuss ICTY issues, and that he would be meeting privately
on June 3 in New York with ICTY Prosecutor Brammertz and ICTY
Court President Robertson. Sanader added that he hoped to
avoid "political aspects" in the discussion of ICTY's work,
and in meetings with Brammertz during the Prosecutor's visit
to Croatia this week he had told Brammertz that both sides
needed to be "fair" in their presentations to the UNSC.


3. (C) Sanader reiterated that cooperation with ICTY was a
principle of Croatian law, and should not be questioned.
Sanader complained strongly that the Prosecutor was "using
political means" to try and pressure Croatia into producing
more of the documents sought. Sanader cited in particular
what he called "inappropriate" calls from the Dutch FM to
Croatian FM Jandrokovic. Sanader claimed the process was
similar to what Croatia went through in 2005, when
allegations were made in very strong terms by the Dutch and
others that indictee Ante Gotovina was hiding in or near
Croatia, but when Gotovina was captured in the Canary Islands
instead, no one even acknowledged that they had made
incorrect allegations against Croatia.


4. (C) Amb. Williamson replied that he had spoken with
Brammertz twice recently, and Brammertz did appear very dug
in. The US was trying to play a mediating role, and many in
the international community were eager to see the issue
resolved, but there were limits to what the international
community could do to resolve the situation. The solution
lies with persuading Brammertz that Croatia has truly done
all that it can. Given that Brammertz had repeatedly
questioned the independence and effectiveness of the GoC's
investigations of the missing documents, Amb. Willliamson
suggested that the GoC could consider assigning investigators
from outside the defense ministry, or even invite ICTY
investigators to participate. Williamson also noted
complaints that Croatian submissions to ICTY had not been
well-organized or presented, and suggested the GoC prepare a
summary report presenting its findings from the
investigation. Such a document could be helpful as well with
both the Trial Chamber and interested governments.


5. (C) Sanader said that in New York his effort would be to
convince Brammertz and the UNSC not simply that there are no
more documents for the GoC to find, but that there is
complete commitment in Zagreb to cooperating with the ICTY.
Amb. Williamson suggested Sanader's presence at the UNSC
would be most persuasive if it was not presented as a defense
of Croatian actions, but to underline the seriousness and
commitment which Croatia has toward meeting its obligations
to ICTY. Sanader said that this would definitely be one part
of his presentation. But he added that, if Brammertz's
report goes in the direction of saying that Serbia's
cooperation with ICTY is better than Croatia's, then he would
be compelled to respond.


6. (C) Justice Minister Simonovic noted that the GoC was
pursuing two strategies to get past Brammertz's objections.
First was to expand the administrative investigation
procedures and bring in investigators from outside the
Ministry of Defense, as Ambassador Williamson had suggested.
The second track is to press the Trial Chamber to render a
judgment on the Prosecutor's request for the document,
getting the bench to rule on whether the GoC has been

ZAGREB 00000323 002 OF 002


responsive to this order. Simonovic wondered, however, if
the latter approach might not irritate Brammertz. Amb.
Williamson responded that asking for a court ruling is a
reasonable approach to seek a resolution of the problem, but
it would likely be, at best, a lengthy route to getting past
the question. Brammertz certainly did not seem to believe
that the Chamber would issue a ruling on the question.


7. (C) COMMENT: An explicit, and unflattering for Croatia,
comparison of Croatia's and Serbia's cooperation with the
ICTY by Brammertz is sure to stir up emotions in Croatia.
The GoC cannot believe that failure to arrest the remaining
indictees, Mladic and Hadzic, could be judged as less serious
than an inability to deliver documents that they say they no
longer have. Sanader's presence in New York demonstrates
that the GoC understands the significance of Brammertz's
continuing complaints about Zagreb. But Croatia's main task
is to persuade both Brammertz and other governments of the
sincerity of the GOC's efforts to find the documents in
question. If Sanader's appearance at the UNSC is too
defensive or critical of the Prosecutor, then he will not
help that case. The Croatians need to focus their energies
on finding ways that can reassure all of us about the
integrity of their investigation. This meeting may have been
a useful corrective in that regard. END COMMENT.


8. (U) Ambassador Williamson has cleared this cable.
BRADTKE