AMBASSADOR DICARLO MEETS WITH ICTY'S CHIEF

UNCLAS USUN NEW YORK 000001

SIPDIS

E.O. 12958: N/A
TAGS: ICTY PREL UNSC
SUBJECT: AMBASSADOR DICARLO MEETS WITH ICTY'S CHIEF
PROSECUTOR SERGE BRAMMERTZ


1. (SBU) SUMMARY: Serge Brammertz, the Chief Prosecutor
of the International Tribunal for the Former Yugoslavia
(ICTY),met with Ambassador DiCarlo December 1 prior to the
ICTY's biannual briefing to the UN Security Council.
Brammertz focused his discussion on recent developments
with respect to Croatia's cooperation with providing
evidentiary documents to the ICTY, saying Croatia's
Government has made some progress but not enough. END
SUMMARY.


2. (SBU) Brammertz said that Croatia's Prime Minister,
Jadranka Kosor, established an interagency working group to
investigate the whereabouts of evidentiary documents
requested by the ICTY. Brammertz said that the working
group is comprised of approximately 60 people but that it
has focused more on whether Croatia's Government has
conducted an appropriate investigation to find the
documents rather than looking for the documents. He said
that he delayed his report to the Security Council hoping
that he would get some new evidence from Croatia but didn't
receive anything until the last weekend in November.
Kosor provided a document that is an order issued in
1998 to all military commands in Croatia directing them to
collect all documents related to "Operation Storm" and put
them in a safe place and to destroy all duplicate copies of
such documents. Brammertz said although Kosor's gesture
signals some cooperation, the document only confirms that
there are documents that have been hidden that the ICTY
needs. He said he planned to interview the people who
issued the orders.


3. (U) Regarding Serbia, Brammertz said that he is
satisfied with the efforts it has made and recognizes the
professionalism and commitment of the Serbian Government to
cooperate with the ICTY. He attributed such cooperation
mainly to the notion that Serbia can say to the European
Union (EU) that it is doing its job. Brammertz said that
Serbia's cooperation and efforts are five times better now
than one year ago and three times better than six months
ago.


4. (U) Ambassador DiCarlo commented on the Karadzic case
and referred to the many delays in the trial. Brammertz
said there is a lot of drama in The Hague with respect to
Karadzic's case and noted that Karadzic recently filed a
motion that challenges the legal decision that created the
ICTY. He also said that the case shows the limitations of
self representation in that the accused is not free to move
around freely to prepare his case.

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