Identifier
Created
Classification
Origin
09ZAGREB68
2009-02-05 12:27:00
CONFIDENTIAL
Embassy Zagreb
Cable title:  

JUSTICE MINISTER ADDRESSES WAR CRIMES DOCUMENTS,

Tags:  PGOV PREL KAWC ICTY HR 
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VZCZCXRO3743
PP RUEHFL RUEHKW RUEHLA RUEHNP RUEHROV RUEHSR
DE RUEHVB #0068/01 0361227
ZNY CCCCC ZZH
P 051227Z FEB 09 ZDK
FM AMEMBASSY ZAGREB
TO RUEHC/SECSTATE WASHDC PRIORITY 8978
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
C O N F I D E N T I A L SECTION 01 OF 02 ZAGREB 000068 

SIPDIS

STATE FOR EUR/SCE AND S/WCI, JUSTICE FOR DOJ/OIA

E.O. 12958: DECL: 02/03/2019
TAGS: PGOV PREL KAWC ICTY HR
SUBJECT: JUSTICE MINISTER ADDRESSES WAR CRIMES DOCUMENTS,
SAYS ICTY'S BRAMMERTZ WILL BE SURPRISED

REF: 08 ZAGREB 853

Classified By: Ambassador Robert A. Bradtke, for reasons 1.4(b) & (d).

C O N F I D E N T I A L SECTION 01 OF 02 ZAGREB 000068

SIPDIS

STATE FOR EUR/SCE AND S/WCI, JUSTICE FOR DOJ/OIA

E.O. 12958: DECL: 02/03/2019
TAGS: PGOV PREL KAWC ICTY HR
SUBJECT: JUSTICE MINISTER ADDRESSES WAR CRIMES DOCUMENTS,
SAYS ICTY'S BRAMMERTZ WILL BE SURPRISED

REF: 08 ZAGREB 853

Classified By: Ambassador Robert A. Bradtke, for reasons 1.4(b) & (d).


1. (C) SUMMARY: The Ambassador called on Justice Minister
Simonovic on January 30 to hear his explanation of the steps
Croatia has taken to find missing documents requested by the
International Criminal Tribunal for the former Yugoslavia
(ICTY) (reftel),ahead of the ICTY Chief Prosecutor's visit
to Zagreb on February 5. Simonovic said that Croatia has
done everything it could to find the missing documents and
has discovered that Brammertz is using an incorrect chain of
command in his case. Simonovic will present Brammertz with
what Croatian experts say is the true chain of command and
the documents that resulted from this alternative chain.
Simonovic claimed that Brammertz will be pleased and
surprised by the additional information Croatia will present.
On a separate topic, Simonovic also assured the Ambassador
that Croatia will consider new Constitutional provisions
opening the door to new US-Croatia extradition treaty as part
of the process of adapting the Croatian Constitution to
comply with European Union accession requirements. End
Summary.

Croatia Doing Everything It Can For ICTY
--------------


2. (C) The Ambassador asked Minister Simonovic for a
detailed update on the missing Gotovina documents ahead of
the visit by ICTY Chief Prosecutor Brammertz on February 5.
Justice Minister Simonovic, in direct response to the
Ambassador's question on whether Croatia is doing everything
it can and whether a system is in place to resolve this
problem said "Yes, and everything is being done to get the
documents to Brammertz by his February deadline." Simonovic
said that the only way out is full transparency and to admit
that yes, there was incompetence in the past, and yes, there
had been efforts by some to conceal documents. Simonovic is
now personally involved in the issue and thinks there has
been progress and is optimistic about Brammertz's visit.
Simonovic said he thinks the trial chamber, which has yet to

rule on Croatia's compliance with its September 2008 order to
search again for the missing documents, will also be
satisfied with the new results.


3. (C) The Justice Minister admitted that in the past there
was a lack of efficiency in obtaining documents or
reconstructing how documents were handled and their final
status. He said that while some people in Croatia felt they
had a patriotic duty to hold or hide documents, some
documents were rewritten and originals lost, some were used
in teaching materials and never ended up in the archives, and
others were simply misplaced, including several documents
resulting from an agreement between the Croatian Army and
Bosnian forces during Operation Storm. Simonovic added that
Brammertz's original document requests were very abstract and
that, while it is always possible that more papers were
misplaced somewhere within the files, the resources being
invested in the search now far outweigh any additional
results the Croatians could expect to obtain. He added,
however, that the investigations will not end until they
identify the fate of all documents.


4. (C) The Ambassador said that he suspects Brammertz is not
happy with the Croatian cooperation and is coming here to say
so. Simonovic countered that he thinks Brammertz will be
surprised and satisfied. He added that some of the newly
found documents go beyond what Brammertz expects. Simonovic
believes that Brammertz will be very interested to learn
about the true chain of command that Croatian experts have
reconstructed. Simonovic said that if Brammertz does not
think that the new chain of command information and the found
or reconstructed documents are major breakthroughs, there is
little more the Croatians can do for Brammertz. In that
case, Croatia will have to simply deal with the prosecutor as
best they can on this footing.

Two-thirds of Remaining Documents Found
--------------


5. (C) Simonovic said that Brammertz's requests for a
remaining 158 documents are based on erroneous assumptions of
the chain of command. Simonovic asserted that the true chain
of command could produce only 90 documents related to the war
crimes charges. However, some of these 90 possible documents
were never produced because of ongoing troop movements at the
time. Out of 90 documents the Croatian experts believe to be

ZAGREB 00000068 002 OF 002


crucial under their version of the chain of command,
Simonovic believes they have produced around 60, including
all police documents and 80 percent of what Simonovic
described as core documents. He stated that the government
is currently trying to establish precisely how many documents
were actually produced, when they were produced, where they
are or should be, and is approaching persons last known to be
in possession of the documents. Officials are asking these
persons where the documents are, and are spelling out
potential penalties for concealing documents. He also
acknowledged that some documents had been located after being
misplaced, and these will be turned over to Brammertz during
his visit.

Most Artillery Logs Found or Reconstructed
--------------


6. (C) Concerning artillery logs, Simonovic noted that five
sets of documents dealing with artillery are linked to the
Brammertz concerns. He said that two of the sets are
complete, with full documentation. Another two sets are
compiled from source documents that, although not in the
exact form of the expected document, are equivalent to the
originals, such as from private diaries and handwritten
notes. The last set of documents is missing, and, while it
could be reproduced, it would not come from original sources
at the time of the events.

Charges Filed for Destroying Documents
--------------


7. (C) On the issue of recent indictments against
individuals believed to be involved in concealing documents,
Simonovic said that the first hearing has been held for one
of the three persons charged with concealing or destroying
documents and that the first defendant pleaded not guilty.
Prosecutors have no proof that these three men had any of the
documents in Brammertz's request, he said, but they did have
control over documents that should have gone to the archives,
so they did violate Croatian law and will be prosecuted. He
added that some of the documents contained information that
was equivalent to those in Brammertz request, for instance
notes that contained information that should be in official
documents.

Potential for New Indictments
--------------


8. (C) Throughout the meeting, Simonovic mentioned several
times that he expects Brammertz to be surprised by the
revised chain of command and new documents. He also raised
the possibility of new indictments based on the new
information Brammertz is to receive. Although he did not
identify any specific names, he obliquely mentioned that
there could be public or political fallout from possible new
indictments.

Extraditions
--------------


9. (C) At the end of the meeting, the Ambassador noted
continued US interest in pursuing a new extradition treaty,
but that any serious progress was forestalled by Croatia's
prohibition on extradition of its own nationals. The
Ambassador requested that, as the GoC rewrites its
Constitution to comply with the European arrest warrant among
other EU accession requirements, that it also consider
langauge allowing the possibility of extradition of its
citizens on a bilateral basis with other countries. Simonovic
assured the Ambassador that Croatia will consider the U.S.
request. Simonovic said that he raised amending the
Constitution to include non-EU countries at a recent National
Security Council meeting as a way to improve regional ties
for fighting transnational crime. He noted that the issue of
war crimes makes blanket permission for extradition of
citizens a non-starter for Croatia and several of its
neighbors, but that it may be possible to allow extraditions
for specific crimes, including organized crime or corruption.
BRADTKE