ICTY TASK FORCE TO CONTINUE ONCE CHAPTER 23 OPENS,

C O N F I D E N T I A L SECTION 01 OF 02 ZAGREB 000056 NOFORN SIPDIS DEPARTMENT FOR EUR/SCE AND S/WCI; THE HAGUE FOR OLC E.O. 12958: DECL: 01/01/2020 TAGS: PREL PGOV KAWC ICTY HR SUBJECT: ICTY TASK FORCE TO CONTINUE ONCE CHAPTER 23 OPENS, JUSTICE MINISTER SKEPTICAL OF RESULTS REF: ZAGREB 731 AND PREVIOUS Classified By: Political Officer Chris Zimmer for reasons 1.4 (b) and ( d) ¶1. (C/NF) SUMMARY: Ambassador Foley briefed Justice Minister Ivan Simonovic on his trip to London to discuss Croatia's investigation into missing war crimes documents and the UK's block on Chapter 23 (Judiciary and Fundamental Rights) in Croatia's EU accession negotiations. Although some in the British Government still hold a skeptical view of Croatia's cooperation with ICTY, the UK is willing to open the chapter and move a final decision on Croatia's cooperation to a closing benchmark. The focus now shifts to the Netherlands as apparently the sole holdout on Chapter 23 and Simonovic is trying to use his contacts in the Dutch Government to convince their PM and Foreign Minister to accept the British position. The Ambassador stressed the need to continue the work of the Task Force once Chapter 23 is opened and to hold people accountable for stealing and/or destroying documents. Simonovic doubts that the documents will be found nor will sentences for destroying documents become more severe, but assured the Task Force's investigative work will continue. END SUMMARY. ¶2. (C/NF) Ambassador Foley called on Justice Minister Simonovic on January 25 to brief him on his trip to London with Ambassador-At-Large for War Crimes Stephen Rapp to discuss with British officials the prospects for unblocking Chapter 23, one of the final hurdles for Croatia's EU accession. The Ambassador described the division of opinion in London on Croatia's progress in cooperating with ICTY and on the GoC Task Force's work to find the missing documents in the Gotovina case or to uncover what happened to them. He noted that the British decision to move forward on Chapter 23 and transform the issue of ICTY cooperation into a strong closing benchmark was taken with reluctance and that British officials are giving Croatia the benefit of the doubt. Foley stressed that both the US and UK expected the Task Force to continue a vigorous investigation into the missing documents, and to follow the evidence wherever it led. ¶3. (C/NF) Simonovic said he is refocusing on the Netherlands. He spoke to the Minister of Justice and a MOJ State Secretary, who are both personal acquaintances and from different coalition partners. They told him that they would speak to their Prime Minister and Foreign Minister and urge them to lift the blockade. Simonovic also said that other officials at the Dutch Ministry of Foreign Affairs recommended to the FM to open Chapter 23. He said that the Belgians and Finns have taken the British position and the Dutch are now isolated on Chapter 23. ¶4. (C/NF) A strong closing benchmark is not a problem, according to Simonovic, although he doubts the Task Force will be able to find the missing documents as they are "too well hidden" by those who stole them. He agreed with the Ambassador that, if the documents are not found, it will be critical to uncover the details of the conspiracy to conceal the documents and hold the perpetrators responsible. The Ambassador expressed concern that the sentences meted out thus far have been weak 6-month suspended sentences. Simonovic responded that the punishments were within Croatia's sentencing guidelines, he could not instruct judges to hand out harsher sentences, nor did he think future convictions would result in harsher penalties. He did believe, however, that the Task Force would be able to determine what happened to the documents and even reconstruct what was in the documents. ¶5. (C/NF) Simonovic said that President-Elect Josipovic, known throughout Europe for his early support of ICTY (which was very unpopular domestically at that time),will be supportive of Croatia's efforts to open Chapter 23 and reform the judiciary and his election should show to other Europeans that Croatia is not the same country it was in the 1990s under Tudjman. He already spoke to Josipovic about utilizing the February 18th inauguration as an opportunity to discuss with European leaders the progress Croatia is making in the investigation and in cooperating with ICTY. ¶6. (C/NF) COMMENT: GOC officials appear to understand the need to continue a strong effort to locate the documents once Chapter 23 is opened and are aware that complacency or triumphalism could have negative ramifications for closing the chapter. We are encouraging the Croatians to bring Dutch and British officials to Zagreb to meet with those involved in the Task Force to get a better understanding of the investigation. Post will continue to monitor the Task ZAGREB 00000056 002 OF 002 Force's work to ensure that its aggressive approach is maintained. FOLEY